The state's response to HaMoked's petition: the deportation of the widow of the Har Nof assailant stems from the cessation of the family unification procedure and arguments in the matter should be addressed to the Minister of Interior המוקד להגנת הפרט عر HE wheel chair icon
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09.12.2014
The state's response to HaMoked's petition: the deportation of the widow of the Har Nof assailant stems from the cessation of the family unification procedure and arguments in the matter should be addressed to the Minister of Interior
The state's response to HaMoked's petition: the deportation of the widow of the Har Nof assailant stems from the cessation of the family unification procedure and arguments in the matter should be addressed to the Minister of Interior
On November 30, 2014, HaMoked filed an urgent petition to the High Court of Justice (HCJ) to instruct the authorities not to deport from Israel the widow of one of the assailants in the Har Nof attack. HaMoked emphasized that no security allegation had ever been made against the woman, nor had it been claimed that her presence in Israel was dangerous or threatening to public security. The decision to revoke her Israeli stay permit completely ignored the existence of the minor children; and it would lead to one of two alternatives – tearing the mother away from her three young children or deporting the children who are permanent Israeli residents to the OPT along with their mother – both options in severe violation of the children's rights and contrary to the principle of the child's best interests. Finally, HaMoked noted that in these difficult times, when emotions run high, senior cabinet ministers should act responsibly, use due discretion and refrain from taking extreme measures against the innocent.

Following the petition, the court issued a temporary injunction prohibiting the removal of the woman pending decision. On December 8, 2014, the state delivered its response to the petition. The state argued that the graduated family unification procedure, pursuant to which the woman was present in Israel, had terminated upon the husband's death and her case had accordingly been transferred for the recommendation of the humanitarian committee advising the Minister of Interior. The state suggested that HaMoked be given a week to present all of its arguments to the minister in writing; following which, the state would be given two weeks to present its updating response.
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On November 30, 2014, HaMoked filed an urgent petition to the High Court of Justice (HCJ) to instruct the authorities not to deport from Israel the widow of one of the assailants in the Har Nof attack. HaMoked emphasized that no security allegation had ever been made against the woman, nor had it been claimed that her presence in Israel was dangerous or threatening to public security. The decision to revoke her Israeli stay permit completely ignored the existence of the minor children; and it would lead to one of two alternatives – tearing the mother away from her three young children or deporting the children who are permanent Israeli residents to the OPT along with their mother – both options in severe violation of the children's rights and contrary to the principle of the child's best interests. Finally, HaMoked noted that in these difficult times, when emotions run high, senior cabinet ministers should act responsibly, use due discretion and refrain from taking extreme measures against the innocent.

Following the petition, the court issued a temporary injunction prohibiting the removal of the woman pending decision. On December 8, 2014, the state delivered its response to the petition. The state argued that the graduated family unification procedure, pursuant to which the woman was present in Israel, had terminated upon the husband's death and her case had accordingly been transferred for the recommendation of the humanitarian committee advising the Minister of Interior. The state suggested that HaMoked be given a week to present all of its arguments to the minister in writing; following which, the state would be given two weeks to present its updating response.
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