Citizenship and Entry into Israel Law: Supreme Court Issues Interim Order to Ministry of Interior
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On January 11, 2022, the Supreme Court grants repeal submitted by Association for Civil Rights in Israel, HaMoked Centre for the Defense of the Individual, and Physicians for Human Rights: the State cannot continue to proceed as if Citizenship and Entry Law is still in force
The Supreme Court verdict states: “The respondents must act within the scope of the existing law only, and cannot proceed as if under authority of the temporary order or the procedures issued within it, as long as this law is no longer in force.”
The Ban on Family Unification (formally, the Citizenship and Entry into Israel Law) expired in July 2021. Since then, the Ministry of Interior has continued as if the policy was still in force and refusing to process the status applications of Palestinian spouses of Israeli citizens.
In December of 2021 the organization filed an appeal to the court arguing that the Minister of Interior’s policy should not be permitted to neglect the fact that the temporary order “Citizenship and Entry Law” has expired, and that the abusive and illegal policy that the Ministry of Interior is abiding by -- sending thousands of people to conduct individual legal proceedings before various courts until the matter of their status is further decided in the Knesset – is a violation of their rights.
ACRI, HaMoked, and PHRI welcome the ruling, stating: “The Supreme Court has clarified that it is illegitimate to continue acting in accordance with an expired law and to hold families hostage to Minister Shaked’s legislative initiatives. The Minister of Interior must act in accordance with the law that applies to all status applicants in Israel.”