The HCJ decided a panel of three justices will hear HaMoked's petition to allow a resident of the West Bank and his wife, a Jordanian citizen, to conduct a normal family life with their children. The Court also left the interim order forbidding expulsion of the Petitioner as it was: This is the 37th petition in a series of petitions filed by HaMoked to have military authorities accept applications for visitors' permits and family unification and to establish that the spousal relationship is, in its own right, a criterion for approving the application המוקד להגנת הפרט
06.09.2007
The HCJ decided a panel of three justices will hear HaMoked's petition to allow a resident of the West Bank and his wife, a Jordanian citizen, to conduct a normal family life with their children. The Court also left the interim order forbidding expulsion of the Petitioner as it was: This is the 37th petition in a series of petitions filed by HaMoked to have military authorities accept applications for visitors' permits and family unification and to establish that the spousal relationship is, in its own right, a criterion for approving the application
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The petition in the matter of the couple was filed by HaMoked – Center for the Defence of the Individual on 4 July 2007. The Petitioners are a police officer with the Tubas police and his wife who has a degree in education. The couple have built a home along with their 3 children, all of whom are registered in the population registry of the Territories. The wife has fully integrated into life here and has struck roots. She also has aging parents and other relatives, including her eight brothers and sisters, in Jordan. Due to Israel's freeze policy, the Petitioner is afraid to leave the Territories and visit her relatives, knowing that if she does, she would not be able to return to her home, spouse and children. Faced by the inhuman dilemma between her own family life and visiting her parents and other relatives in Jordan, the Petitioner is forced to pay the price of a long separation from her parents. 

Upon submission of the petition, HaMoked also filed an application for an interim order forbidding any measures against the Petitioner be taken while the petition was still pending, including her deportation from the Occupied Territories. In the application for the interim order, HaMoked addressed the State's response in previous petitions, which stated that the military would not take measures to remove petitioners who faced similar circumstances so long as circumstances did not change. A change in the circumstances, it was explained, might occur if "the Petitioner was caught and became a candidate for removal". In other words, the military claimed it would not take measures toward deporting the Petitioner, yet included a reservation which drained any meaning from its undertaking.  After the petition was filed, and unlike other similar petitions, the Court issued a temporary order to the effect that the Petitioner not be deported until further notice. 

On 2 September 2007, the State submitted its response in which it requested HaMoked's petition be deleted in limine and the application for an interim order be denied. The State did not address the arguments HaMoked raised in the application for an interim order and repeated the same claims raised in previous petitions – that the Petitioner would not be deported so long as no "change of circumstances" occurred – i.e. – she would not get caught. HaMoked filed its response to the State's response that same day, requesting the Court to leave the interim order as it was. HaMoked once again clarified to the Court that the State's claim that it would not deport the Petitioner is devoid of any real content. 

On 4 September 2007, the Court decided to have a 3 justice panel hear the petition. In so doing, the interim order forbidding the deportation of the Petitioner was left as it was. It must be noted that this is an exception to the other decisions undertaken in this series of petitions, both in the issuing of the temporary interim order and particularly in that it was left standing pending a hearing in the petition. 

To view the Court's decision on the application for an interim order dated 4 July 2007 (Hebrew)                                                  

To view the Court's decision dated 4 September 2007 (Hebrew)

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משפט בינלאומי וזר - פסיקה


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