Case Number

HCJ 155/53

Date Decided

3-9-1954

Decision Type

Original

Document Type

Full Opinion

Abstract

An order of deportation was issued against the petitioner who had lived in Palestine and who in the year 1948 had been registered in the Register of Inhabitants. He had been compelled in 1949 to leave the country as a result of army action and had lived for a while in a neighbouring Arab country. He returned to Israel without permission and as a result of subsequent court proceedings was held to be entitled to receive and did receive an identity card. The petitioner now contended that as he was the holder of an identity card and had become an Israel national in terms of S. 3(a) of the Nationality Law 1952 the deportation order was illegal.

Held: that the mere possession of an Identity Card did not give the holder a right to stay in the country; that the petitioner was entitled to be regarded as an Israel national having satisfied the conditions of S. 3(a) of the Nationality Law and as such could not be deported.

Keywords

Constitutional Law -- Law of Return, International Law -- Occupied territories

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