country with the consequence that the resident spouse could lose their
residency status; to abandon the family unification process and instead seek
renewable short-term visitor permits; or, lastly, the non-resident spouse could
remain “illegally” in the occupied Palestinian territory after the expiration of
their permit. Many chose the last option, subsequently living their lives in
constant fear of arrest and deportation.
In August 1993, the family unification procedure was again changed. In the
context of the peace talks, Israel announced that a more benevolent policy
would be implemented towards family unification and the granting of visitor
permits. The new measures decreed that an annual quota of approvals for
family unification applications would be established.75 With the introduction of
this quota, for the first time Israel recognized marriage per se as a basis for the
acquirement of permanent residency status without demanding satisfaction
of other additional administrative or “humanitarian” conditions. However, the
State Attorney’s Office was quick to emphasize that this change of policy did
not represent a relaxation of the State’s belief that family unification was a
benevolent act granted by Israel, rather than an entrenched human right.76
The initial quota was set at 2,000 persons per year, with assertions from Israel
that the size of this quota would be reviewed periodically, with adjustments
made according to necessity. This quota was divided into 1,200 applications
for the West Bank and 800 for the Gaza Strip. Though no official data was
provided as to the number of family unification applications submitted
following the introduction of this system, Israel admitted that the annual
quota was insufficient to meet demand, with applications being forwarded for
handling the following year, and sometimes two years after initial submission.77
The result was thousands of Palestinians unable to obtain family unification,
and with non-resident spouses still required to reside outside of the occupied
Palestinian territory until a final decision was made on their application, these
individuals were left in limbo, once more facing impossible decisions as to
their future. The application process was long and opaque, and in the event of
the application being rejected, no explanation was given, nor any indication as
to the criteria upon which an application was considered.
With the signing of the Interim Agreement on the West Bank and the Gaza Strip
commonly known as Oslo II in 1995, control of the population of the occupied
Palestinian territory register was transferred to the newly-formed Palestinian
75 Family unification requests filed by those included within the High Court of Justice Population were
not included in the annual quota.
76 Sarhan et al v. Commander of IDF Forces in Judea and Samaria et al (HCJ 1992).
77 Yael Stein, The Quiet Deportation: Revocation of Residency of East Jerusalem Palestinians, 10.
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