04.07.2007|Court Documents|Petition to HCJ
HCJ 5875/07 Kasem et al. v. The State of Israel et al. Petition for Order Nisi
One of a series of petitions that was filed by HaMoked - Center for the Defence of the Individual to allow Palestinians who are residents of the territories to bring their spouses into the territories to live with them and to enjoy a joint family life together. The petitioner has integrated into life here and has laid down her roots, but she has elderly parents and many family members in Jordan, including her eight brothers and sisters. Because of the freeze policy by Israel the petitioner fears leaving the territories and going to visit her family. She knows that if she leaves, she will not be able to return to her home, her husband and her children. In this inhumane dilemma between her family life and a visit to her parents and relatives in Jordan, the petitioner has been forced to pay the price of a severance from her parents. It is HaMoked’s contention that this policy has its source in demographic and racist considerations. The army’s refusal to receive applications for visitor permits and family unification from the Palestinian Authority harms the rights of petitioners to a family life, which has been recognized as a basic constitutional tight in the Adalah HCJ case. The petition was set for a hearing and a temporary injunction was issued laying down that the petitioner could not be deported (see linked items).
