12.01.2009|Court Documents|Administrative Petition
AP 1039/09 - Dabit et al. v. The Minister of Interior et al. Petition for Order Nisi
HaMoked's petition against the Ministry of Interior's refusal to approve a family unification application by an Israeli resident and his wife who have been living in Israel for 14 years, because the wife previously lived in Gaza. The Ministry bases its refusal on Government Resolution 3598, issued in 2008, not to respond to applications by Gaza residents and those registered as such. The Resolution is based on the 2007 Amendment to the Citizenship and entry into Israel Law. The petitioners claim that the refusal is unlawful as it is based on a government decision and law which came into effect only after the application, filed two years ago, was ongoing. The petitioners also claim that both the Resolution and the Amendment are unconstitutional in face of the sweeping and unlimited infringement of the right to family life of many applicants.
