For the first time, the Appeals Tribunal approved revocation "for deterrence purposes” of status and stay permits issued to Palestinians living with their families in East Jerusalem for years: Seven have already been ordered to leave the country

On September 20, 2022, the Appeals Tribunal rejected HaMoked’s appeals against the Minister of Interior's 2020 decision to revoke as collective punishment the stay permits and temporary residency status of spouses and children of East Jerusalem Palestinians – all issued as part of family unification and child registration processes. These family members have been living in East Jerusalem for years and their only “crime” is that they are second and third degree relatives of an assailant who committed an attack against Israelis on January 8, 2017 in the Armon HaNatziv neighborhood in Jerusalem.

In its appeals, HaMoked argued that the decisions were fundamentally flawed because they had been prompted by extraneous considerations, with no express legal authorization, constituted a severe and direct violation of the basic rights of innocent people to dignity and family life, and undermined the principle of the child’s best interests. The judgment approved the revocation of military-issued temporary permits given to seven of the extended family members – five spouses and two children (six of them represented by HaMoked and one represented by CAC); as well as the revocation of temporary residency status of another spouse and two children, whose status will be downgraded to temporary permits. This is the third round of appeals HaMoked filed on the families’ behalf, after the Minister of Interior’s revocation decisions had been cancelled twice before, due to flaws in the decision-making process.

In its previous judgment issued August 2020, the Tribunal noted that the Citizenship and Entry into Israel Law provides no grounds for the Interior Minister to revoke family unification status “based on a consideration of deterrence”, and held that harming basic rights is permissible only when there is clear, unequivocal and express legal authorization for doing so. However, in the present judgment, the Tribunal ruled that despite the absence of express authorization, “this reality [of terrorism] obligates molding and introducing new content in legislation…”, by giving the law “broadened interpretation” whereby “the Minister of Interior is authorized to terminate a proceeding of family unification and child registration on grounds of deterrence” pursuant to Section 11(a)(2) of the Entry into Israel Law, and that the rationale in this matter is the same as that which has been established in Israeli case law with regards to punitive home demolitions. The Tribunal noted parallel to that “I am not blind to the fact that this is a harsh outcome for the appellants”, but ruled that “terrorism creates a harsh and dangerous reality leading to a harsh legal consequence”.  

The Tribunal noted that “the Respondent should conduct periodic monitoring and research of the measure of terminating a proceeding of family unification and child registration for the purpose of deterrence and its benefit, and according to the findings, reconsider also the matter of the appellants”. It should be noted that such ongoing “research” has been conducted and presented before the High Court of Justice (HCJ) – as classified material and ex parte – regarding the “efficiency of deterrence” regarding the measure of punitive home demolitions, and has been firmly criticized by some justices for being unscientific and unpersuasive.

It should be noted that in the framework of the recent round of appeals, the Tribunal accepted the motion of an organization called “Kulanu Haim” (Choosing Life Forum, affiliated to Im Tirzu) and the parents of one of the victims of the attack to be appointed “amicus curiae” – even though their bearing on the issue lies outside the aim of this “friend of the court” function, meant to provide proper expression to principled aspects of the matter in hand.

* Without allowing the appellants time to fulfill their right to appeal the judgment, the Minister of Interior hastened to send six family members who are represented by HaMoked a notice that they must “leave Israel within 7 days” – that is, be torn from their families and homes even before they have exhausted all legal remedies.