Demanding Cancellation of Extension of Nationality and Entry into Israel Law as it Contradicts the Court's Prior Decision.

Petition filed in 1/07 demanding the cancellation of the extension of the Nationality and Entry into Israel Law (Temporary Order) – 2003 for a period of three months ending on 15.4.07. The law denies Palestinian citizens of Israel the right to acquire any status in Israel for their Palestinian spouses from the OPT solely on the basis of their national belonging. Adalah argued that the extension of the law for three additional months contradicts the decision of the majority of justices of the Supreme Court in H.C. 7052/03, delivered on 14.5.06 (see above). Although the Supreme Court dismissed the petition, a majority of the justices decided that the law in its current form violates the constitutional right to family life and discriminates against Arab citizens of Israel by preventing them from living in Israel with their families from the OPT. Therefore, the Court ruled that the law disproportionately violates the principle of equality. In addition, a majority of justices recommended that the state amend the law to make it rely essentially on individual checks. Therefore the extension of the law's validity is a clear infringement of the Court's decision, and a grave breach of the principles of the rule of law and the separation of powers. Adalah emphasized that this is the fifth extension of the law since the issuance of a governmental decision in May 2002 (see H.C. 4608/02 above), the basic elements of which were enacted into law in 7/03.

Update: In 3/07, the Knesset passed the new law which maintains the ban on family unification where one spouse is a Palestinian from the OPT and adds the more stringent denial of family unification where one spouse is a resident or citizen of Lebanon, Syria, Iran or Iraq – states all defined by Israeli law as “enemy states” – and/or is an individual defined by the Israeli security forces as residing in an area where activity is occurring that is liable to endanger Israeli security. At a hearing held before the Supreme Court in 3/07, the Supreme Court decided that Adalah can file an amended version of the petition against the new law.

H.C. 830/07, Tabeli et al. v. The Minister of the Interior, et al. (case pending)