Following petition by Gisha, a Palestinian citizen of Israel entered Gaza with her four children to visit her father
February 20, 2020. W., a Palestinian citizen of Israel wanted to enter Gaza together with her four children to visit her sick father. She applied for a permit, with Gisha’s assistance, to the Israeli citizens desk at the Gaza Coordination and Liaison Administration (CLA). The application enclosed medical records confirming that her father was being hospital and in a coma due to sepsis, having suffered several strokes. The Gaza CLA denied the application “In view of the fact that the patient’s condition does not meet the criteria.”
Due to the father’s critical condition and W.’s fear that she would not be able to see him before he passed away, Gisha filed an urgent petition to the High Court (Hebrew) against the refusal the following day. Gisha explained that the petitioners’ application was submitted pursuant to the Status of Permit Authorizations document criterion: “Exit of Israelis into the Gaza Strip in order to visit a first-degree relative/grandparent with a serious illness that endangers life or requires lengthy hospitalization.”
The medical records enclosed with the application showed that the father’s status met both conditions listed in the criterion, though only one is required for eligibility. The father had been hospitalized for a long time, and his life was in imminent danger. In view of the above, Gisha argued that the respondents’ decision breached their own directives.
On February 26, 2020, the respondents issued notice that they had retracted the refusal and that the petitioners would be issued permits to enter Gaza. After the requested remedy was granted, Gisha filed a motion for a costs order. The court ruled in favor of the motion, ordering the state to pay costs in the sum of NIS 4,000.