requirements. In addition, though permits are also available to children
under 14 years old,89 these merely allow a child to remain within Israel or
East Jerusalem until they reach the age of eighteen, with the provision failing
to specify which legal status is to be accorded at that juncture.
The legislation’s Second Amendment provides for permits to be granted to
otherwise ineligible persons in the event of special humanitarian reasons90
with such decisions being made by a committee consisting of individuals from
bodies including the Judiciary, Security Services and Ministry of Defense.
However, the amendment specifies that being married to – or having children
with – a person who is lawfully present in Israel does not constitute a special
humanitarian condition. Moreover, the provision also states that permission
to stay or reside in Israel or in East Jerusalem may be denied by the Minister
of Interior if activities liable to endanger the State have been carried out
within the applicant’s area of residence. Following this amendment, in 2008
the Israeli government passed a resolution according to which persons
registered as residents of the Gaza Strip or who have been living in the area
are no longer eligible to apply for family unification. The ‘justification’ for this
decision was that the Gaza Strip is considered to be a region where actions
against the State of Israel are perpetrated, and its result is that Palestinians
with Gaza ID spouses have been completely denied of their right to live with
their family in Israel or in East Jerusalem.91
Interview with Taiseer, ‘Akka92
I am a Palestinian citizen of Israel; I was born and raised in ‘Akka (Acre). I first met my
wife to be in government offices in Jenin, where she used to work. We fell in love at
first sight, and dated for a period before deciding to get married. Our families were
concerned due to the Israeli denial of family unification rights, but nonetheless, we
got married in 2005 and established our family in ‘Akka.
My wife had to apply for a tourist permit in order to go to ‘Akka for our marriage.
Her request was rejected, so she applied again, but this time for permission to visit
my sick mother in hospital. Fortunately her application was accepted and she was
granted a one-day permit, with which we were able to get married.
Family unification process
I submitted the application to the Israeli Ministery of Interior and two months later
I received a letter stating that my request was refused according to the Nationality
Law. Despite this, my wife kept coming to ‘Akka through short-term permits and then
staying here illegally. Every time she wanted to visit her family in Jenin, she used to
apply for a short-term permit in order to be sure that she would be able to return.
89 The State of Israel, Nationality Law, 1952, http://www.israellawresourcecenter.org/israellaws/
fulltext/nationalitylaw.htm.
90 State of Israel, “The Citizenship and Entry Law.”
91 Citizenship and Entry into Israel Law (Temporary Order) 5763- 2003 – Validity Extension.
92 Taiseer Al-Khatib (40), ’Akka (Acre), interview by BADIL, September 2013.
37
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