Center for the Defence of the Individual - Following petitions by HaMoked, a Jordanian citizen, married to an Israeli resident, has finally been entered as a permanent resident into the Israeli population registry: this brings to a close an excruciating seven year long saga vis-à-vis the Interior Ministry
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חזרה לעמוד הקודם
07.09.2010

Following petitions by HaMoked, a Jordanian citizen, married to an Israeli resident, has finally been entered as a permanent resident into the Israeli population registry: this brings to a close an excruciating seven year long saga vis-à-vis the Interior Ministry

In 1996, an Israeli resident applied for family unification for her husband who was born in the village of Al 'Isawiya, within the municipal boundary of Jerusalem. The Interior Ministry rejected her request, purporting that a "center of life" within Israel had not been proved. In July 2000, two years after she filed an objection to the decision, the Interior Ministry notified her that it would resume handling the request. However, for almost three years, the Interior Ministry continued to drag its feet, avoiding decision, despite the many documents and reminders sent by HaMoked. Throughout the seven year period, starting from the initial family unification application, the unresolved status of the husband, the family's sole provider, left him exposed to delays, arrests or expulsion causing a sense of instability and tension for the whole family.

In June 2003, prompted by the severe injury to the family's basic rights to family life and a life of dignity, HaMoked petitioned the Court for Administrative Affairs in Jerusalem to instruct the Interior Ministry to reach a decision in the petitioners' case.

In September 2003, following the petition, the request for family unification was accepted, and the husband received an Israeli residence and work visa (type B/1), initiating him to the graduated procedure, set for a period of five years and three months, when permanent residency in Israel is granted. The petition was deleted.

In February 2007, as part of the graduated procedure, the couple applied for a temporary residency visa (type A/5) for the husband. As a special prerequisite for the registration, the Interior Ministry demanded the applicant present an Israeli birth certificate, since the village of his birth now lies within Israeli territory. Given that the document was unavailable, HaMoked made efforts to uncover his birth registration, and receive a new certificate, all in vain. He was therefore required, alternatively, to obtain a Jordanian birth certificate, which he did. Nonetheless, the Interior Ministry's clerk remained unsatisfied, making an odd demand for a declaratory judgment regarding the birth certificate. In a later phone conversation with HaMoked's representative, the same clerk added that the man "should file a petition" in the issue.

In May 2009, following a third rejection of the request to upgrade the husband's status, HaMoked filed an objection, stressing that the actions of the Interior Ministry's clerks force the husband to stay in Israel with a tourist status without any rights, under B/1 visas, and for much longer than the stipulated period. The objection was not answered. 

In August 2009, HaMoked filed an appeal regarding lack of response. Ten months elapsed, and there was still no reply. In view of the unacceptable conduct of the Interior Ministry, and the ongoing harm to the right to family life of the petitioner and her children - all Israeli residents - HaMoked, yet again, petitioned the Court for Administrative Affairs, to end the preposterous saga embroiling the petitioners. Following the petition, the Interior Ministry responded to the objection, granting the applicant permanent residency. 

On August 29, 2010, seven years after the acceptance of the couple's request for family unification, the petitioner was entered into the Israeli population registry.

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