Moreover, the procedure does not mention the best interests of the child. It is possible that in the Kunda case, the authority intended to examine the best interests of the child according to a different procedure. But in the absence of a precise reference in the judgment, it is not possible to further examine the matter."
- I also added in the Osman case (ibid., at para. 185) that the only procedure among the Authority's procedures in which there is an explicit reference to the best interests of the child is the procedure for issuing restraining and custody orders under the Entry into Israel Law (Ben Gurion Airport Procedure - 10.3.0001, last updated on March 15, 2023). The procedure establishes in section D.3 provisions regarding the hearing of minors in the framework of hearing proceedings for their parents prior to the issuance of a custody order. The procedure was amended in accordance with the Ministry of Justice's guidelines set by the deputy family appellants (Adv. Dina Zilber and Adv. Roy Sheindorf), in cooperation with the relevant parties, at the end of which it was decided that: "There is room to make certain adjustments in the procedures of the Population and Immigration Authority in all matters related to deportation proceedings of children who are staying illegally." The guidelines relate only to the manner in which the best interests of children who are about to be deported from Israel are examined, as stated in my decision regarding the best interests of the child in this case. Following the guidelines, the procedure was amended (while partially adopting the guidelines) and it was determined that a hearing, according to the procedure, would be held only for minors over the age of 12, in the presence of the parent and with his consent, as part of the hearing held for the parents. Section 6.8.1 of the Procedure states that if a family with minors is in custody at the Ben Gurion Airport Detention Facility, the best interests of the child will be considered as follows:
"The minors will meet with a social worker in accordance with the procedure for operating the custody facility at Ben Gurion Airport, number 10.7.0002, who will prepare a social report on their situation, and about the significance of their removal from Israel in the context of the child's best interests. This report will be taken into account by the person with the authority to issue a restraining order in deciding whether to change the original decision to remove the family.