A person who claimed to be married by habit and repute (Common Law marriage) to an Israeli citizen requested residency status in Israel under the gradual process that exists in Israel for married couples. The Court was moved after the Ministry of the Interior rejected the application on grounds of unreliability and illegal stay in Israel prior to the examination of the application.
The Court held that the process for granting status by virtue of cohabitation is part of the State's obligation to recognize the individual's right to a family life. This right exist also to those who are not married to an Israeli, but only cohabit and are publicly known as a couple ("Common Law marriage). However, the burden of proof imposed on applicant status under the common-law relationship is higher. Alongside this burden the Court emphasizes the implications of the behavior of the person seeking status before filing the request, in light of the State's sovereignty to decide who will enter its territory. Because the plaintiff spent various periods in Israel without a permit and gave unreliable data, the request was denied.