Center for the Defence of the Individual - HCJ 7444/03 Dakah et al. v. Minister of the Interior Judgment
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חזרה לעמוד הקודם
22.02.2010|Judgment|Judgment / Supreme Court

HCJ 7444/03 Dakah et al. v. Minister of the Interior Judgment

Acceptance of the petition of an Israeli citizen to instruct the Ministry of Interior to overturn the revocation of his family unification procedure with his wife, a resident of the occupied territories, due to an indirect security block, and reinstate her status in Israel. The Court instructs the Ministry of Interior to cancel its refusal of family unification and grant the woman a stay permit. The judges rule that, in cases of indirect security blocks, the State must prove that the likelihood of danger to the public is almost certain, justifying the harm to family life, and must prove that there is no way to prevent the danger without harming the person's rights. The HCJ adds that a security block is only one of many considerations for deciding on cases where a family unification procedure is ongoing.


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