21.05.2007|Court Documents|Petition to HCJ

HCJ 4470/07 – Kaber et al. v. The State of Israel et al. Petition for Order Nisi and Interim Order

One of a series of petitions filed by HaMoked to allow Palestinians to bring their spouses into the OPT to live with them, and to allow them to establish an orderly and joint family life. The petitioners in this case live together in the West Bank where they raise their three children. Because of the freeze in procedures for family unification the petitioner, a Jordanian citizen, has been forced to choose between visiting her parents and her brothers in Jordan and between living with her husband and children in the West Bank since if she were to leave the West Bank for Jordan, she would not be able to return. Army policy, HaMoked argues, is motivated by demographic racist considerations aimed at harming the Palestinian population, and at exerting pressure on it. The army’s refusal harms the rights of residents to a joint family life, which has been recognized as a basic constitutional right by a majority of the panel of judges in HCJ Adalah, where restrictions were justified only on security grounds, which are not being argued by the army at all in this matter.