العربية
HE
العربية
HE
Many petitions filed by HaMoked concern changes to existing procedures of state authorities or the introduction of new ones. However, in some cases, the establishment of a procedure is only the starting point of a prolonged struggle over its implementation. Accordingly, only recently did the Ministry of Interior stop violating a procedure adopted over 20 years ago, intended to protect the rights of Palestinians holding renewable stay permits in Israel—following a petition filed by HaMoked against repeated violations of this procedure by the Ministry of Interior.
West Bank residents who marry residents of East Jerusalem and seek to live in Jerusalem must apply through the “family unification” process. While foreigners from other parts of the world may obtain permanent status through this process, West Bank residents are required to renew their stay permits every few years. In many cases, applicants invited to renew their permits were informed, at the time of renewal, of delays in their cases and were sent home without any document granting legal status. As a result, hundreds found themselves, against their will, without legal status in their own homes, sometimes for months, and unable to maintain normal lives.
To address this, on September 5, 2004, in AP 612/02, Dahud v. Minister of Interior et al., the Ministry updated its procedures so that applicants invited to renew their permits would not be left without status due to delays by the Population Authority. Under the procedure, later known as the “Dahud Procedure,” an applicant who complied with the Ministry’s requirements and timelines, but whose application had not yet been examined, is entitled to a six-month extension of the permit. Although the procedure was formalized and written in the Ministry’s regulations, HaMoked documented dozens of cases in which it was not implemented, and was applied only following an appeal to the Appeals Tribunal.
Throughout 2023 and 2024, HaMoked received a growing number of complaints regarding violations of the procedure. In the first half of 2024, the number of complaints was so high that HaMoked struggled to handle individual cases. In light of this worrying reality, and after failing to resolve the issue with the authorities, on January 1, 2024, HaMoked filed a petition with the District Court seeking to require the Ministry to implement its procedures consistently and fully.
In the petition, HaMoked emphasized the impact of non-implementation on individuals residing in Israel on renewable permits. When the Population Authority refuses to extend their permits pending a decision, they become unlawful residents in their own homes, despite having held permits for many years. This situation, which may last for months, prevents them from working legally and supporting their families, denies them social rights, and prevents them from leaving their homes for fear of being apprehended without a permit. In the case of minors or individuals dependent on state services for humanitarian reasons, the harm may be irreversible.
In a response issued on April 2, 2025, the State argued that these were isolated cases that did not reflect a general pattern of non-implementation. HaMoked maintained that it continued to receive complaints, accumulating dozens of them over the past two years. Only in July 2025, while the petition was still pending, did the Ministry begin implementing the procedure, after which complaints ceased, a trend that continued in the following months.
Accordingly, in its judgment issued on January 12, 2025, the Court held that the petition had been exhausted and should be deleted. The Court further instructed the Ministry of Interior to refresh its internal procedures to prevent future violations. HaMoked continues to monitor the implementation of the procedure.
