A former member of the Gaza security force who infiltrated into Israel last week has petitioned the High Court of Justice to grant him refugee status.

The 24-year-old Palestinian Authority Arab man requested asylum after he was caught sneaking through the security fence. He said he had deliberately infiltrated into Israel in order to place himself in the custody of the IDF. He claimed he had escaped from a Hamas jail, where he was imprisoned after he was attacked a number of times by members of the ruling faction.

He asked the court to bar security officers from returning him to his home, and asked to be allowed to live in Israel, or Judea and Samaria, because he said he fears for his life in Gaza. He said he was shot in the hand by Hamas terrorists in October 2006.

The infiltrator said he has been in danger since the Hamas terrorist organization wrested control of the region from the rival Fatah faction two years ago. In arguing his case, he claimed his filed has not been reviewed by a Defense Ministry committee that deals with PA residents whose lives are threatened.

The IDF decided to release the infiltrator next week, rather than order him to serve the routine one-year prison term for illegal entry.