HCJ 10650/03 Abu Gwella et. al v
HCJ 10650/03 Abu Gwella et. al v
HCJ 10650/03 Abu Gwella et. al v
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The parties to the p<strong>et</strong>ition<br />
10. P<strong>et</strong>itioner 1 (hereinafter – P<strong>et</strong>itioner 1), who was born in Jerus<strong>al</strong>em and is a resident of<br />
the State of Israel, lives in East Jerus<strong>al</strong>em. She is the mother of seven children,<br />
ranging in age from 14 years to 15 months. The registration of the three youngest<br />
children – daughters four years old, three years old, and 15 months old – was<br />
approved by Respondent 3, whereas Respondent 3 refused to register in the Population<br />
Registry her four elder children – aged 14, 13, 12, and 8 – without considering the<br />
matter substantively, because they were born outside of Israel.<br />
11. P<strong>et</strong>itioners 2-5 are the four minor children of P<strong>et</strong>itioner 1. They live with their parents<br />
in East Jerus<strong>al</strong>em, but have West Bank identity numbers. Their mother’s request to<br />
register them in Israel’s Population Registry was refused.<br />
12. P<strong>et</strong>itioner 6, a registered nonprofit soci<strong>et</strong>y, assists persons who f<strong>al</strong>l victim to the abuse<br />
and oppression of state authorities. Its activities include the protection of their rights in<br />
court proceedings, wh<strong>et</strong>her in its name as a public p<strong>et</strong>itioner or as a representative of<br />
persons whose rights have been violated.<br />
13. Respondent 1 is the minister empowered by the Entry into Israel Law, 5712 – 1952, to<br />
handle <strong>al</strong>l matters related to that law. Among these matters are requests to receive a<br />
status in Israel, including requests to register children.<br />
14. Respondent 2 is the director of the Population Administration in Israel. In accordance<br />
with the Entry into Israel Regulations, 5734 – 1974, Respondent 1 delegated to<br />
Respondents 2 and 3 his powers related to the handling and approv<strong>al</strong> of requests to<br />
arrange the status of children submitted by permanent residents of the state who live in<br />
East Jerus<strong>al</strong>em. Also, Respondent 2 is involved in d<strong>et</strong>ermining the policy regarding<br />
requests to receive a status in Israel pursuant to the Entry into Israel Law and the<br />
regulations enacted pursuant ther<strong>et</strong>o.<br />
15. Respondent 3 directs the East Jerus<strong>al</strong>em district office of the Population<br />
Administration. In accordance with the Entry into Israel Regulations, 5734 – 1974,<br />
Respondent 1 delegated to Respondents 2 and 3 his powers related to the handling and<br />
approv<strong>al</strong> of requests to arrange the status of children submitted by permanent residents<br />
of the state who live in East Jerus<strong>al</strong>em.<br />
The matter involving P<strong>et</strong>itioners 1-5<br />
16. The P<strong>et</strong>itioner married a resident of Ram<strong>al</strong>lah in 1988. After marrying, she lived in her<br />
spouse’s parents’ home in the Q<strong>al</strong>andiya refugee camp, then in rented apartments in<br />
the camp, and later in her parents’ home in <strong>Abu</strong> Tor [in East Jerus<strong>al</strong>em]. In 1997, the<br />
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