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Courts grant Palestinians married to Israelis right to stay

Courts grant Palestinians married to Israelis right to stay By DAN IZENBERG 08/25/2010

State’s refusal unanimously rejected in appeal cases.

Two courts in separate cases rejected the state’s refusal to allow Palestinians to continue living in Israel with their spouses and participate in the gradual procedure for obtaining permanent residential status.

In the first case, on Tuesday, Deputy Supreme Court President Eliezer Rivlin rejected an appeal by the state to hold another hearing before an expanded court, after a panel of three Supreme Court justices had decided to allow Balal Daka to continue living in the country.

Daka married her husband, Manar, in 1996. Two years later, she applied for residential status according to family reunification and entered the process whereby she was given temporary residential status and her case was to be re-examined each year for five years. If she completed the procedure, she was due to receive permanent residential status.

During her first year in the graduated procedure, the Knesset approved an amendment to the Citizenship Law, preventing new applicants for family reunification to apply for the procedure and freezing the progress of those already in it.

The minister of interior ordered Daka to leave Israel on the grounds that she had relatives involved in terrorism – a criterion that was introduced in the new amendment.

Daka appealed the decision and her case reached the Supreme Court for the first time. In a unanimous decision, the court upheld her request to stay with her husband.


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