07.06.2007|Court Documents|Petition to HCJ

HCJ 5030/07 - HaMoked: Center for the Defence of the Individual v. Minister of Interior Petition for Order Nisi

HaMoked's petition to the HCJ to cancel the Citizenship and Entry into Israel Law insofar as it applies to underage children of permanent residents of Israel, or, alternatively, to rule that every child who lives permanently in Israel and has only one permanent resident parent shall be entitled to permanent residency in Israel. The legislator established a "humanitarian clause" in the amendment to the Law, but at the same time stated that if a child dwells in Israel with his parent, this does not in and of itself constitute a humanitarian cause for granting him status. HaMoked claims that the Law must be cancelled as it is unconstitutional, motivated by demographic-racist and economic considerations and contradicts the Adalah judgment. HaMoked also claims that the legislative procedure was defective.