The hearing scheduled for February 29, 2024 will be canceled.
The Authority will not take any action of any kind, including hearings, meetings and decision-making in this case. All the deadlines given to the Authority over months and years for this purpose have passed. All the authority must do is submit summaries in this case. Oh, not even if it wasn't.
The summaries will be submitted and a judgment will be issued."
- However, this time too, the Authority did not submit summaries as required, and on March 7, 2024, it filed a motion to delete the appeal before me, since it claimed that the remedy requested in it was to cancel the removal of the appellants, and since they were not removed and even an order was issued at the time prohibiting their removal until the appeal was decided, the appeal became redundant. It also requested that it now be given the opportunity to decide on the humanitarian request, and that if it is rejected, the proceedings will be exhausted by submitting an internal appeal to the Authority, and an appeal that is under the jurisdiction of the Jerusalem Court for Administrative Affairs.
- That same day, I rejected the request. In my decision, I determined that: "Like other requests of the authority filed by the authority in this case, it would have been better if it had not been submitted." In the decision, I reiterated some of the above sequence of events. In addition, I noted that the appeal in question was filed on September 17, 2019, after the Authority decided to remove the appellant and her children from Israel, and since then countless hearings have been held and countless motions have been filed, with the main question being how the best interests of the children should be examined. I also emphasized the authority's improper conduct, in repeated violations of the court's decisions. I further determined that the Authority could have raised the arguments it had raised, no later than February 3, 2022, when it was decided that the appeal would be heard on its merits, where the situation was the same - the deportation was postponed until a decision was made on the appeal, and the humanitarian request was still pending. I also noted that the motion to delete the proceeding was filed despite my previous decisions, the day after the date on which the Authority was supposed to submit its summaries. In light of the aforesaid, I rejected the request, extended, beyond the letter of the law, the date for the submission of the Authority's summaries, and further determined that if they were not submitted, the judgment would be given on the basis of the material in the file.
- Following this decision, the Authority's summaries were submitted. As will be detailed below, her main argument is that this procedure has become redundant, and that the Authority should now be allowed to consider the humanitarian request, while examining the best interests of the children. Subsequently, summaries of reply were submitted, and in their wake, the time was ripe for a judgment.
Summary of the parties' arguments