(My emphasis - M.A.C.).
It determined that the appropriate remedy, insofar as the state does not provide a solution, is to grant those Sudanese citizens an A/5 visa until their application is decided. This is so that they will enjoy the rights accompanying this license. President Hayut concluded her judgment in the Tegal case as follows (at paragraph 31 of her judgment):
"The prolonged refusal to adjudicate asylum claims by those who claim to have entered Israel in order to find refuge from the danger they face in their country of origin and leaving them in a 'normative fog' is contrary to the basic concepts of proper administration and the principles on which our legal system is based. ....."
(My emphasis - M.A.C.).
- In the case before me, too, the Authority refrains (as I will detail) from establishing an orderly procedure for examining the best interests of children in the application process, and in the particular case before me, it has also refrained from making a decision on the humanitarian request. The cloud of the danger of deportation hovering over the children's heads has a severe impact on their situation, as is evident from the opinions submitted during the proceeding, as detailed above.
On the sense of belonging and detachment of children from their natural environment -
- The second aspect of children's well-being, which is related to the passage of time, stems from the fact that as time passes, children become attached to the place where they grow up, and to significant figures to whom they are connected. The sense of belonging is formed in children and adolescents over the years. The first years of life in which children are in educational frameworks are significant years in this context. At first it belongs to the family, the nuclear and the extended, and then to other characters in formal and informal education, the friends, as well as the places and environment in which they grow up and live. The longer the children are in Israel, the stronger they develop a sense of belonging to the country and the people around them. In Administrative Appeal 29709-10-22, Nobonke Gloria Ndaben State of Israel (unpublished, December 22, 2022), it was held in this regard: "The children were 5 and 7 years old at the time the application was filed. Now they have turned 12 and after 14 years. Of course, the longer they stay in Israel, the stronger their connection to Israel grows to the point that they may become Israeli in every way. Their language is Hebrew, their friends are Israelis, and their connection to their parents' country is weakening. In this way, the appellants are harmed and the public interest may also be harmed, in whose name the respondent rejects the appellants' applications for status in Israel." (My emphasis - M.A.C.).
- במאמר של Kelly-Ann Allen ואח': "Belonging: a review of conceptual issues, an integrative framework, and directions for future research", Australian Jr. of Psychology, vol. 73, pp. 87 (1921), תוארה חשיבות של תחושת השייכות (שם בעמ' 88): "There is general agreement that belonging is a fundamental human need that almost all people seek to satisfy.".
The authors add that this need is inherent in us as human beings (ibid.):