According to a 10 August 2003 article published on the Website of the Israel Ministry of Foreign Affairs, the Citizenship and Entry Into Israel Law (Temporary Provision), 2003 codified the Government's decision

in May 2002 to temporarily suspend the granting of legal status in Israel, including through family unification. The decision does not apply to persons who have already been granted legal status in Israel or to those who had applied for such status prior to the Government[']s decision. This decision does not discriminate between Israeli citizens and residents, as it applies to all. It also does not prevent Arab citizens of Israel from uniting in Israel with Palestinian spouses from other countries. The restriction applies only vis-à-vis residents of the West Bank and Gaza Strip (see also Israel 2003).

This information was confirmed in part by the Executive Director of the Palestinian Human Rights Monitoring Group (PHRMG), which is based in East Jerusalem, in 17 February 2005 correspondence:

[a] male Jordanian citizen, married to a Palestinian female resident from the West Bank, could not live in the West Bank and could not be granted residency status in the West Bank. The Israeli Knesset (Parliament) adopted a law in August 2003 for one year, not allowing Palestinians from the West Bank to apply for re-unification, whether that other person is from Israel, East-Jerusalem or abroad. In August 2004, this law was renewed for another year.

As well, the Director of the Bethlehem-based BADIL, Resource Center for Palestinian Residency and Refugee Rights stated in 16 February 2005 correspondence that, prior to the start of the current Intifada, in this case the woman applying for family reunification had to contact Israeli authorities "via the Israeli-Palestinian Liaison Committee/Civil Affairs." However, since 2000, "this family reunification procedure has been de facto inactive, due to the breakdown of Israeli-Palestinian coordination" (ibid.).

A representative of HaMoked: Center for the Defence of the Individual, a Jerusalem-based human rights organization, stated in 20 February 2005 correspondence that "[s]ince October 2000 a Jordanian citizen cannot receive residency status in the West Bank (except for isolated exceptions)." The procedure according to the representative from HaMoked is to present the request to the Palestinian Authority (PA), which must then officially request approval from the Israeli authorities. He added that "[u]ntil October 2000 only very few requests were approved by Israel, as there was a formal limit to the number of approvals. Since October 2000, the Israeli authorities have refused to receive applications from the PA for this status."

In addition, the Chief of the United Nations Relief and Work Agency for Palestine Refugees in the Near East (UNRWA) Liaison Office in Washington, confirmed part of this information in 17 February 2005 correspondence. He stated that, in his personal opinion, "[t]he [West Bank] spouse would need to apply on his behalf at the relevant Israeli authority office in the area where her own residence is registered." For the Jordanian citizen who wishes to get permanent residency in the West Bank a "close family member (preferable a spouse)" must apply to the Israeli authority for "family reunification." The Chief of UNRWA's Liaison Office added that "[t]he decisions on approving such cases are with the Israeli Authorities. (...) During the past four years, media reports indicate that there has been a major reduction in the number of visitor permits granted and hardly any family reunification permits [were] issued."

According to the Country Reports 2003, "[r]estrictions on residency, reentry and family reunification only applied to Palestinian residents of the occupied territories." (25 Feb. 2004, Sect. 2d).

Historically however, according to a 10 August 2003 article on citizenship and residency rights found on the Israeli Ministry of Foreign Affairs Website, "[t]he State of Israel has allowed family reunification for many years, granting legal status in Israel to foreign spouses of Israeli citizens and permanent residents. ... This policy was equally applied to spouses who were residents of the West Bank and the Gaza Strip."

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.

References

BADIL Resource Center for Palestinian Residency and Refugee Rights. 17 February 2005. Correspondence from the Director.

Country Reports on Human Rights Practices for 2003. 25 February 2004. United States Department of State. Washington, DC. http://www.state.gov/g/drl/rls/hrrpt/2003/27929.htm [Accessed 16 Feb. 2005]

HaMoked: Center for the Defence of the Individual. 20 February 2005. Correspondence from a representative.

Israel. 2003. The Citizenship and Entry Into Israel Law (Temporary Provision) 5763-2003. http://www.knesset.gov.il/laws/special/eng/citizenship_law.htm [Accessed 17 Feb. 2005]

_____. 10 August 2003. Israel Ministry of Foreign Affairs. "Israeli Legislation Regarding Citizenship and Residence Rights for Palestinian Residents of the Territories." http://www.mfa.gov.il/MFA/Government/Law/Legal+Issues+and+Rulings/Israeli+Legislation+regarding+Citizenship+and+Resi.htm [Accessed 17 Feb. 2005]

Palestinian Human Rights Monitoring Group (PHRMG). 17 February 2005. Correspondence from the Executive Director.

United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) Liaison Office, Washington, DC. 17 February 2005. Correspondence from the Chief.

Additional Sources Consulted

Internet sites, including: Amnesty International, Country Reports on Human Rights Practices for 2003, Forced Migration Review, Human Rights Watch, International Crisis Group, The Middle East Media Research Institute, Minorities at Risk Project, Palestinian National Authority, UK Home Office.

Oral sources: B'Tselem; Embassy of Israel, Ottawa; Israel-Palestine Center for Research and Information (IPCRI); Palestinian Diplomatic Mission in Jordan; Palestinian National Authority in Washington.