The state: The Coordinator of Government Activities in the Territories has decided not to alter his position and not to allow the petitioners in HCJ 495/12 to travel to the West Bank to pursue academic studies

On July 25, 2012, the state submitted an updating notice in HCJ 495/12 regarding five women students from Gaza who wish to study in the West Bank. The notice, which was submitted late, stated that the Coordinator of Government Activities in the Territories (COGAT) had reconsidered his position with respect to the petitioners and decided not to alter his previous decision and not to approve their travel to the West Bank for Master’s studies. The notice also stated that the refusal was issued for security reasons, alongside political reasons that limit the entry of Gaza residents into Israel to humanitarian cases only.

On July 26, 2012, Gisha filed its response to the state’s submission. Gisha pointed out that the state’s notice does not give the appearance that the individual matter of the petitioners had, in fact, been reconsidered. There were no details or signs pointing to an attempt to balance the (unspecified) political interests cited and the (unspecified) security interests cited against the petitioners' particular circumstances – circumstances which moved the court to instruct the respondents to reconsider their position. This despite the fact that the respondents had allegedly been working on the response for more than 60 days. In view of the respondents’ failure to reconsider the individual circumstances of the petitioners, or, at least to point to any balancing of interests that had been carried out, the court was requested to issue an order nisi, as sought in the petition, taking into account the tight deadline of the students whose classes begin August 22, 2012.

In view of the respondents’ notice and the petitioners’ response, on July 27, 2012, the Supreme Court decided that a further hearing would be held promptly.

Related documents
Notice on behalf of the state, dated July 25, 2012 (English translation)
Our response, dated July 26, 2012 (Hebrew)