Caselaw

High Court of Justice 8425/13 Eitan Israeli Immigration Policy et al. v. Government of Israel - part 9

September 22, 2014
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(b)     The stay center will be closed from 10 pm to 6 am; A resident shall not stay outside the boundaries of the center during the aforementioned hours.

(c)     Notwithstanding the provisions of subsections (a) and (b), the Border Control Officer, at the request of the resident and for special reasons, may exempt the resident from the obligation to report to the center for the purpose of registering attendance or from the prohibition of staying outside the center's boundaries, as stated in those subsections; An exemption under this subsection shall be granted for a period not exceeding 48 hours, and if it is granted for the purpose of medical hospitalization of the resident or his first-degree family member, the Commissioner may grant such an exemption for a longer period; The Infiltrators Custody Control Tribunal may review the decision of the Border Control Officer under this subsection, if a request to do so was submitted to him by the resident within 14 days from the date of the decision.

(d)     The Minister of the Interior, with the consent of the Minister of Public Security, shall establish provisions regarding the attendance of those staying at a residence center, including their departure from the center and their return to it, as well as regarding the dates of their appearance at the center for the purpose of registering their attendance and the manner of registration; The dates of such reporting will be determined in a manner that will not allow the resident to work in Israel.

 

  1. Thus, according to the provisions of the law, the gates of the Accommodation Center are closed at night – from 22:00 at night until 6:00 the next morning. During these hours, the infiltrator is prohibited from staying outside the center. In addition, during daylight hours – during which the facility is "open" and the occupants are allowed to leave and enter it freely – it is required to report three times a day for registration purposes.  The law further stipulates that the hours of attendance will be determined in the regulations "in such a way that they will not allow the resident of the center to work in Israel" (section  32H(d) of the law).  Against the background of this provision, it seems that there is no dispute that the natural interpretation of the section is that three reports will be required during the day – in the morning, in the afternoon, and in the evening – in a manner that will make it difficult for the resident to find employment and to work continuously and regularly outside the center.  Indeed, the regulations enacted by virtue of the law set three reporting dates, in the morning (between 6:30 and 7:00 a.m.), in the afternoon (between 13:00 and 14:30), and in the evening (between 22:00 and 20:30) – dates that make it difficult for those staying to integrate into the workplace, and at the same time significantly limit their freedom.  The regulations state as follows:

 

Exit Staying Center 1.      A stayer may leave a stay center at any time when the center is open.
Identification at the entrance and exit

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