A Polish national who has been living in Israel
for over two decades is facing deportation along with her Israeli-born 9-year-old son, despite the fact that their appeal is still pending, as per a Supreme Court decision reached Wednesday.
The court thus denied woman's petition to postpone the deportation until a ruling is reached in her appeal, on the grounds that the legal proceedings can be completed while the two are abroad.
The boy, whose father is Israeli, has never left the Jewish state. His mother, who first arrived in Israel in 1989, has repeatedly traveled abroad, reentering the country illegally each time.
Stressing that they boy, a third grader, has no ties to his father and is completely dependent on his mother, the Jerusalem District Court ruled in August 2011 that the two should be expelled from the country.
The Polish citizen filed an appeal with Supreme Court and asked to remain in the country to await the ruling. Her request was denied but the deportation was nevertheless delayed, until finally she and her son were apprehended early on Wednesday and were placed in a holding cell at Ben Gurion Airport ahead of their expulsion.
The woman's attorney, Rami Yuval, asked the Supreme Court on her behalf to bar the Interior Ministry from going through with the deportation, but the request, as stated, was denied.
Supreme Court Justice Yoram Dantziger explained that while the court took the family's unique circumstances under consideration, the appeal proceedings can continue in their absence. He said that the woman's repeated illegal entries into the country and her refusal to leave after being ordered to do so contributed to the negative decision.
"This is an unprecedented case in which an Israeli citizen is forced to leave due to a deportation order issued against his mother," said Yuval, the attorney. "The basic law on human dignity asserts that an Israeli citizen is entitled to staying in the country.
"If the Interior Ministry could wait 11 months since deciding to deport the mother, it can wait two more months until the appeal is heard," he added.