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Administrative Appeal (Tel Aviv) 41621-09-19 A.A. v. Population and Immigration Authority, Ministry of the Interior - part 29

February 25, 2025
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He added (ibid., p.  4):

"The Society for the Study of Adolescence issued a statement...  This includes research evidence regarding the negative mental and developmental impact of the child or parent being defined as having unauthorized/documented status in the country in which they live.  The consequences of this status for the family prevent the positive development of children and adolescents, and as a result, they suffer from negative disparities in education, economics, and mental health, relative to their legal peers."

  1. In the case of the High Court of Justice 4630/17 Adam Gubara Tagal et al.   Minister of the Interior (Nevo, April 25, 2021, hereinafter: the Tagal case), the case of Sudanese citizens whose asylum claims the PA has failed to decide for years was discussed.  In his case, we are not dealing with asylum seekers, but with illegal aliens.  However, similarly, failure to make a decision on their case negatively affects them, both with regard to the rights that the state is obligated to give the children, and with regard to their mental state.  The Honorable President Hayut noted as follows regarding the situation of adults of Sudanese descent:

"In the absence of a decision on their requests, asylum seekers have been trapped for many years in a 'normative fog' that creates severe uncertainty that weighs on their lives"

  1. The Honorable President Esther Hayut added to this matter in the case of the High Court of Justice 2293/17 Esther Tzagui Gerseghar v. Knesset (Nevo, April 23, 2020) (paragraph 46 of her judgment), when it became clear that the Authority did not hear the asylum applications of Sudanese and Eritrean citizens at all:

"The long period of time for processing these requests - not to mention the 'foot-dragging' that the state is taking in this context - leads to the fact that the applicants are 'trapped in an ongoing and impossible situation of normative fog regarding their status, with all the severe consequences that this entails regarding their rights' (Desta, at paragraph 4 of my opinion).  ........."

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