The Population and Immigration Authority decided that a Nepalese woman who was illegally residing in Israel and her minor children must return to their homeland, even though the minors have fully assimilated into life in Israel.
The Court held that the Authority's decision should be annulled and the illegal resident and her children should be granted a temporary visa for it to be able to act to regularize their status. An administrative authority has an increased duty of fairness in its relations with citizens due to its role as a public trustee and due to the power gap between them. In addition, when an authority makes a decision regarding minors, it is to put the best interests of the minor first, even if such are foreign children residing in Israel illegally. Here, the Authority did not act fairly towards the mother and the minors, when it clearly did not bother to review the minors' best interest, which if reviewed, would have brought to the conclusion that deporting them after they had assimilated in Israel would constitute an extreme solution. Therefore, the Authority's decision is null and void.