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State response to the Refugee High Court: "Petition - to be rejected" | Israel Today

2022-03-13T21:29:39.835Z


"The minister's decision also violated the entry order into Israel, which stipulates the exemption from visas of Ukraine and other countries," the state's response said.


Tonight (Sunday), the state filed a response to a petition by the law firm of Tomer Warsaw, which specializes in immigration law, to repeal the Shaked outline restricting the entry of refugees from Ukraine and to issue an interim order for its implementation.

The State's response stated that the petition should be dismissed, and that to the extent that the court orders the determination of the petition for hearing before the panel, the State shall seek to allow it to file its response close to the date to be determined.

It should be noted that tonight Minister Shaked announced a significant expansion of the outline in question. 

In the State's response, it was stated that in the court hearing it is expected to argue that the application for an interim injunction should be rejected.

"The application overlaps with the main remedy sought in the petition and in view of the chances of the proceeding and the balance of convenience, which


clearly tends to dismiss the application. In these circumstances, the Honorable Court is requested to order the dismissal of the application.

"Since this is a dynamic situation in various respects, to the extent that the Honorable Court directs the determination of the petition before the panel, the State will seek to allow it to file its response as close as possible to the date to be set, so that the current facts are before the Honorable Court."

The petition, which was supported by the Ukrainian embassy in Israel, states that Israel signed an agreement with the Ukrainian government back in 2010, granting an exemption from mutual entry visas.

This agreement was ratified by another government decision in November 2011, it was written.

"This means that the interior minister was not empowered to overturn a decision given by the entire government.

Beyond that, the minister's decision also violated the entry order into Israel, which stipulates the exemption from visas for Ukraine and other countries. "

According to the petitioners, "alongside the public criticism of the moral defect and lack of compassion, along with the violation of international conventions, the violation of refugee law, and the disproportion in the complete blocking of borders for refugees from Ukraine, it now became clear that the minister's decision was given without authority."

Refugees from Ukraine board a plane on the way to Israel, Photo: IPI

At the same time, MK Simcha Rotman (Religious Zionism) sent a letter to Supreme Court Justice Uzi Vogelman requesting the state's response. In a short time frame.

Therefore, he submits a letter in the name of "Israel's immigration policy," even though he does not have a power of attorney "from it."

"I will note that although I do not have a power of attorney from the immigration policy, but in light of the fact that the petitioner in the case did not bother to attach a power of attorney, and despite that you found it appropriate to bother the Ministry of Interior and Justice in responding to the petition. Yes, also regarding my position, "Rothman claimed.

He added that "the Supreme Court has no authority to determine Israel's immigration policy."

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Source: israelhayom

All news articles on 2022-03-13

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