Center for the Defence of the Individual - HaMoked to the HCJ: proceedings for the revocation of Israeli status of four East Jerusalem residents must be suspended pending final decision on the public petition addressing this issue
العربية HE wheel chair icon
חזרה לעמוד הקודם
23.11.2015

HaMoked to the HCJ: proceedings for the revocation of Israeli status of four East Jerusalem residents must be suspended pending final decision on the public petition addressing this issue

In November 2015, the Ministry of Interior gave four youths from East Jerusalem, who are suspects in attacks against Israelis, notices of its intent to revoke their residency status in Israel. In the notices, the Minister of Interior announced his intention to act under Art.11(a) of the Entry into Israel Law 1952, which gives him discretion in revoking permits for residency in Israel (residency status), and this, due to breach of allegiance to the State of Israel.

On November 23, 2015, HaMoked petitioned the HCJ to order the suspension of  proceedings for revocation if the four's status until judgment was issued in public petition HCJ 7803/06, concerning the revocation of permanent residency pursuant to the Minister's broad discretion conferred by law. HaMoked recalled that the court had issued an order nisi in that petition, whereby the state must prove “the Minister of Interior’s authority to revoke a permit of permanent residency in Israel on the grounds of breach of allegiance to the State”. Therefore, HaMoked argued, so long as that petition was pending, the Minister’s decisions to revoke the permanent status of East Jerusalem residents were illegitimate.

HaMoked further noted that should the Minister’s intention to revoke the four youths’ residency be realized, it would critically violate their basic rights and would even leave two of them without status anywhere in the world. The petition holds that “revoking the residency status not only harms a person’s identity and his unique ties to his homeland, it also paves the way to harm to the family life and the rights of the family members, harm to social security rights, deportation and so on”. This is one of the harshest and most extreme sanctions that may be implemented against a resident, and much more so in the case of East Jerusalem residents, who are not only “Israeli residents” but also “protected persons” under international humanitarian law.