Caselaw

Administrative Appeal (Tel Aviv) 41621-09-19 A.A. v. Population and Immigration Authority, Ministry of the Interior - part 20

February 25, 2025
Print

(My emphasis - M.A.C.).

  1. On August 18, 2020, before a decision was made in the internal appeal, the appellants submitted an update notice and a request to conduct an interview with the children (Appendix 20 to the appeal, which is an appendix to the update notice of October 22, 2020). Attached to the announcement was a decision by the Ministry of Education's Eligibility and Characterization Committee in the case of the girl S., which includes a diagnosis (which can be considered a third opinion), according to which the girl suffers from a developmental delay and emotional behavioral disorders, which worsened after her incarceration.  The girl S.  was also diagnosed as requiring "a broad and intensive support package" and in need of emotional therapy for the trauma.  In light of this, the committee determined that the girl is entitled to special educational services and will be placed in a kindergarten with developmental delays.  In other words, the dangers foreseen by the psychologist who treated the children, and of which the bureau director was "not impressed" as she put it, were actually realized.  This was determined by a committee of the state itself.
  2. A fourth opinion was attached to the same update notice - an updated opinion dated June 22, 2020, by psychologist Enrique Mindlin, who also gave the first opinion in their case (attached as Appendix 23 to the appeal attached to the update notice of October 22, 2020). This opinion was identical to that of Dr.  Daniella Cohen, which was attached to the internal appeal.  The psychologist describes that he met with the children before the arrest, accompanied them during it, and continued to meet with them regularly afterwards.  This is how the children's situation is described in the latest opinion: "  is anxious.  He claims that he has nightmares that every day the police come to take him and he doesn't know where he is screaming and screaming.  M.  says that his friends really care about him, including the teachers, but he has a lot of bad dreams.  It describes existential fear...  S.  [the girl] was very anxious, repeating sentences like "The police took us away, they pulled my mother." My mother cried a lot.  We were in prison.  I wanted a cake." The psychologist goes on to refer to the placement committee in the matter of the union and adds: "Without a doubt, the situation in which the child was did not allow her to develop properly, the anxious state led her to existential anxiety." and concludes: "It is definitely in the children's best interest to keep them in Israel and rehabilitate their anxieties.  The two children are not healthy and are unable to bear the burden of deportation from the country.  We must provide them with permanence, a permanent and secure support."
  3. On July 14, 2022, following a dispute described above regarding the format of the meeting with professionals, the appellants submitted a fifth opinion regarding the children. An updated opinion by the clinical and educational psychologist Daniella Cohen, who met with the appellants on July 11, 2022.  The psychologist expresses her opinion that the children have a closer relationship with their father, who is also in Israel, as well as with the extended Janah family, the same adoptive family that serves as an anchor of security and stability for them.  She also insists that caring questions such as "How long will you stay in Israel?" emphasize the temporality and impermanence of their lives and make it difficult for them.

As for the child M.  (who was in the seventh grade at the time), the psychologist was of the opinion that M.  was on the threshold of adolescence and developed a sense of security and positive self-esteem stemming from his success in sports, and the many friends he had, along with a positive relationship with his father.  However, she stated that the fears are still present.  The psychologist notes in her opinion: "From the story of the dreams and the painting, it seems that there is a great deal of investment in developing a defense system and avoiding contact with fears that comes at the expense of the development of the forces...  The defensive effort is sometimes tiring and there is a need for compensation that does not allow you to completely suppress the fears that appear with a monster without a face in dreams."

Previous part1...1920
21...41Next part