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Legal Activity » Legal Advocacy » Excerpt from the State’s Response clause 16, setting criteria for considering requests from Palestinian students to study in Israel, HCJ 8242/06,

Excerpt from the State’s Response clause 16, setting criteria for considering requests from Palestinian students to study in Israel, HCJ 8242/06,

October 29, 2007

16. The following prerequisites are mandatory for examining requests to enter Israel for the purpose of studying.

a. A resident of Judea and Samaria [West Bank-SB] (hereinafter – resident of the area) who seeks to study for a PhD degree in a recognized academic institution in Israel, and there is no practical alternative for the requested field of study other than Israel;

Or a resident of the area who seeks to study for a Master’s degree in a recognized academic institution in Israel, and there is no practical alternative for the field of study other than in Israel, in one of the following programs:

1. Programs with a unique focus on regional cooperation or programs with a unique focus on developing co-existence and regional peace, after receiving a reference from the Ministry of Education regarding the unique nature of the program.

2. Programs supported by international bodies, on the recommendation of the Ministry of Foreign Affairs.

Recommendations regarding the aforementioned programs will be evaluated by officials authorized to permit entrance into Israel.

Requests to study professions that have the potential to be used against Israel will not be considered.

b. The applicant will be required to present documents confirming the completion of his/her studies for a bachelor or Master’s degree, respectively. In addition, the applicant is required to submit a detailed request from a recognized academic institution in Israel explaining the grounds on which that institution is asking to admit the petitioner as a student (grounds such as: highest academic honors, unique field of research, etc.).

c. The examination process and the granting of the permit depend on the absence of any security, criminal or other kind of block.

When examining a request to enter Israel for studying – which, by its nature, granting such a request embodies a national security risk, since it concerns permits that are renewed periodically and that enable leaving the area and entering Israel for the period of studies – the security authorities will take into consideration general factors, such as: the age of the applicant and his/her personal status. This is due to the difficulties in conducting an individual evaluation for a resident of the area requesting to enter Israel.

It shall be stated that the respondent [West Bank Military Commander-SB] may refuse to evaluate a request, even if the applicant meets the above mentioned conditions, at the respondent ‘s discretion and taking all relevant factors under consideration, including general security considerations. The respondent reserves the right to establish, in the future, quotas for permits, as need may arise.

     

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