In June 2009, an Israeli resident, married to a resident of the Occupied Territories and a mother of three,
applied to the Interior Ministry in a request to enter her two sons, both born in Jerusalem, into the Israeli population registry. In conjunction, HaMoked applied on her behalf to the National Insurance Institute (NII) in a request to issue the boys temporary identification numbers, to allow their access to health insurance and national insurance benefits, pending their final registration by the Interior Ministry.
The NII qualified the temporary identification numbers on their presenting a "valid stay permit" issued by the Interior Ministry, despite its commitment to the High Court of Justice (HCJ) court to issue identification numbers, made in HCJ2100/99. This HCJ arrangement is intended to ensure that children and infants, only one of whose parents is a permanent resident, have access to health services pending entry into the population registry.
In response to HaMoked's letter, the NII stated that the arrangement pertains to infants under one year old, and since the boys concerned are older, the woman must submit their stay permits. Note that the commitment of the NII to the court did not include such a strict timeframe for the arrangement.
In December 2009,
HaMoked filed a claim to the Labor Court on behalf of the children. The claim states that the NII position not only conflicts with the arrangement reached in HCJ 2100/99, it also contradicts its own internal regulations.
The NII demanded to reject the claim, reasserting its position regarding the boys' ages.
Concurrently, HaMoked continued to handle the request to enter the children to the population registry. In May 2010, almost a year after the application,
HaMoked reapplied to the population registry bureau, in a demand to register the children immediately, even under temporary status. HaMoked further stated that the long-withheld response has left the children without status and thus infringed on their right to legally live with their Israeli mother, their rightful access to social services, mainly the national health insurance, and also their right to education. In the appeal, HaMoked pointed out that the Court for Administrative Affairs had ruled that in general, children should be allowed to stay in Israel for the interim period required for establishing a center of life as per Interior Ministry protocols, to allow the family to continue their joint life under a single roof.
In September 2010, some 15 months after submission, the request was granted. The resident's sons were registered as permanent residents in Israel, and are now recognized by the NII.
