Supreme: The state can not act as if the citizenship law is in force

The temporary order, which prohibits the unification of Palestinian families, expired in July at the end of 18 years after it did not receive Knesset approval - but the Interior Ministry continued to handle inquiries in accordance with the law, even though it was no longer in force.

"The respondents must act within the scope of the existing law only"

Yael Friedson

11/01/2022

Tuesday, 11 January 2022, 15:51 Updated: 16:08

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The Supreme Court ruled today (Tuesday) that the state can no longer proceed as if the Citizenship Law is in force.

This follows the appeal of the Association for Civil Rights, HaMoked and Physicians for Human Rights.

The temporary order, which prohibits the unification of Palestinian families, expired in July after it did not receive Knesset approval, but the Interior Ministry continued to deal with inquiries in accordance with the law, even though it was no longer in force.

"The respondents must act within the scope of the existing law only, and they are no longer allowed to act under the Temporary Provision Law or the procedures issued under it, as long as this law is not in force," the decision said.

Shaked (Photo: Reuven Castro)

The Citizenship Law has been in force by virtue of a temporary provision that has been extended every year since 2003, when it was enacted in the background of the second intifada.

Its purpose is to impose restrictions on the granting of citizenship or residence permits in Israel to Palestinians who have married Israelis, as well as to citizens of Iran, Lebanon, Syria and Iraq who wish to receive status in the context of family reunification.

The temporary order was born under the directive of the then Minister of the Interior, Eli Yishai, at the end of March 2002.

The law was supposed to receive Knesset approval by July 6, but it expired after no majority was obtained to support it.

He recently passed a ministerial committee for legislation, but even now he does not have a majority in the Knesset.

After the law expired, the director general of the Population and Immigration Authority claimed that Interior Minister Ayelet Shaked had instructed her to process applications for family unification in accordance with the legal situation he was in during the period of validity of the Temporary Order Law.

More on Walla!

About six months after it fell: the Citizenship Law was approved by a ministerial committee, but it does not have a majority in the Knesset

To the full article

Last December, human rights organizations filed an application for leave to appeal to the court, arguing that this policy should not be granted kosher status, calling the policy "offensive and illegal."

The Supreme Court ruled that this was illegal.

The Association for Civil Rights, HaMoked and Physicians for Human Rights welcomed the decision.

"The Supreme Court has made it clear that it is not possible to continue to act in accordance with an expired law and to hold families hostage to Minister Shaked's legislative initiatives. The Minister of the Interior must act in accordance with the law that applies to all status applicants in Israel."

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• Ayelet Shaked

• citizenship law

• Ministry of Interior

• Population and Immigration Authority