On 29 January 2007, the Tel Aviv District Court issued its ruling on the petition submitted by ACRI Attorney Oded Feller, in the name of three stateless persons who currently reside in Israel with no official residency status. The three, who are residents of the former Soviet Union (two from Tajikistan and one from Georgia), were not living in their home States at the time of the break up of the former Soviet Union and were therefore not granted citizenship status in these States. All three petitioners came to Israel and after a short period of time were arrested for illegal residency and placed in custody. After a few months of detention it became clear that none of them could be expelled from Israel, as no other country was willing to accept them. As a result, the three petitioners, who cannot be deported, have been forced to reside in Israel with no residency or work permit, and with no social benefits.
ACRI decided to submit a petition to the Tel-Aviv District Court on behalf of the three individuals after Interior Ministry officials failed to respond to residency applications submitted by ACRI in their name. During the petition’‘s hearing the Ministry of Interior and the Ministry of Foreign Affairs claimed that not all diplomatic channels had been exhausted, and that ministry officials were still trying to return the three to their countries of origin. The Court therefore rejected the petition, which was submitted in May 2005. However the Court advised the petitioners to re-petition the Court if the diplomatic efforts proved fruitless. As a result, ACRI Attorney Oded Feller submitted a second petition in December 2005 to demand that the three individuals be granted official Israeli residency status, and that a procedure be instituted to deal with the issue of stateless persons.
ACRI claims in the petition that the lack of citizenship is a serious humanitarian phenomenon, as an individual who has no formal residency status in any country has no way of realizing basic rights such as the right to employment, health services, and social welfare benefits. In response, Interior Ministry officials stated that the lack of citizenship is not a humanitarian consideration and does not obligate the State to grant an individual official residency status. Justice Rubinstein rejected the Ministry’‘s position and ruled that its failure to relate to the phenomenon of stateless persons, and its refusal to set a procedure for dealing with their residency applications, is unreasonable. The Court also ruled that the Ministry’‘s refusal to grant residency status, or even temporary permits to enable the three petitioners to live and work in the country legally while the State considers their case, is a disproportionate violation of the right of stateless persons to a dignified existence.
The lack of any clear policy to deal with the issue of stateless persons means that the only way they can be located is when they are taken into custody for illegal residency. In light of this fact, Justice Rubinstein stated that stateless persons should be encouraged to submit residency applications before they are arrested by the Immigration Police, as they cannot be deported from the country, which renders their detention unnecessary and pointless. He further added that by instituting a set procedure and encouraging stateless persons to submit applications to formalize their status, State officials will be able to gain a clearer understanding of the nature and scope of the phenomenon.
The ruling goes on to say that the Ministry of the Interior must set criteria, within four months, for a procedure to deal with stateless persons, and that these criteria should include a timetable for the processing of cases that are brought before them, a clear delineation of the documentation that the individuals will be required to present to ministry officials, and what diplomatic steps should be taken to deal with these cases. The Court also ruled that the stateless persons should at least be provided with temporary residency and work permits until the review of their applications has been completed; following this, if the efforts to deport them from Israel fail, the Ministry must decide what status to grant them.
On the basis of the aforementioned, Justice Rubinstein ordered the Interior Ministry to grant temporary work and residency visas to the three petitioners within thirty days, and to publish within four months the criteria for handling the issue of stateless persons, which will also apply to the petitioners.
last updated : 08/02/07
