On May 31, 2015, in an exceptional and outrageous step,
the court decided to reject HaMoked's interim order request in
the amended petition against the Minister of Interior's decision to deport from Israel the widow of the perpetrator of the Har Nof attack, who is the mother of three small children who are Israeli residents. The court ruled that the hearing on the petition be held no later than October 29, 2015, and added that the temporary injunction of November 30, 2015, which prohibited until then the woman's deportation from Israel, was no longer valid.
On June 1, 2015,
HaMoked requested that the court reconsider its decision and set an early date for a hearing on the motion for interim injunction, or alternatively, instruct an urgent hearing of the petition.
HaMoked noted that the woman who had done nothing wrong now found herself in an impossible position, after many years of legally residing in Israel. HaMoked stressed that her deportation from Israel before final decision in her case, would have a disastrous effect on her small children. Therefore, HaMoked argued, the balance of convenience inevitably and unequivocally lies in favour of granting the interim order and retaining the status quo pending the completion of legal proceedings.
A few hours later, the hearing on the petition was scheduled for July 13, 2015, but a decision concerning the interim order was late in coming.
Only three days later, on June 4, 2015, Justice Daphne Barak-Erez
issued her decision, rejecting the reconsideration request "Given the fact that the hearing in the petition has been scheduled for July 13, 2015". The decision thus leaves the woman vulnerable to immediate expulsion, despite the fact that the court hearing in her case is more than a month away.
