In this regard, it should be clarified that the considerations that the person with the authority to issue a restraining order must consider in the best interests of the child must be related to the termination of the stay in Israel, and not to the fact that the country to which the child is deported is considered a less "developed" country than Israel. Beyond the inherent difficulty that every child who is uprooted from the place to which he has become accustomed to another place has, does the uprooting entail in an individual case excessive harm, which is difficult for that child, and therefore justifies his stay in Israel."
The Ministry of Justice's recommendations to change the procedure were not fully accepted. The procedure suffices with the determination that a decision in the matter of minors (section 3.3 of the procedure): "It will be reasoned with reference to the arguments and documents presented by the minor's parents or his representatives at the hearing, to the extent that they presented them and the best interests of the child will be taken into account in all the considerations in the decision of the Border Control Commissioner." Contrary to the recommendations of the Ministry of Justice, the procedure does not stipulate that the child's wishes and best interests will be taken into account as main considerations. It should be emphasized that it is doubtful whether the provisions of this procedure also meet the recommendations of the UN Committee.
- I note that in addition to the aforementioned procedures, on December 30, 2024, the procedure for regulating the work of the Professional Advisory Committee to the Minister in accordance with Section 7 of the Citizenship and Entry into Israel Law (Temporary Order), 5782-2022, Procedure 1.14.0001 was also amended. This procedure relates to applications for humanitarian status by residents of the area (and is not directly relevant to the case before me, but is presented for the sake of completeness).
The procedure states in paragraph 3.b.5.9. Because in the case of a couple whose marital relationship has been severed: