Filipino Woman and Her Son, Born in Israel, to Be Deported: “Not a Humanitarian Case”
Tel Aviv, November 4, 2024
A Filipino mother and her 16-year-old son, born in Israel, are facing deportation after their appeal for humanitarian status in Israel was rejected. The mother, who has been living in Israel without a visa for many years, claimed that returning to the Philippines would endanger both her and her son due to the violent behavior of the child’s father. However, the court rejected her request.
Source: https://www.ynet.co.il
The Jerusalem District Court recently dismissed the case of a Filipino woman who had sought to obtain legal status in Israel on humanitarian grounds for herself and her son. Judge Tamar Bar-Asher ruled that the woman, who has lived in Israel for years without legal documentation, acted in bad faith and created circumstances that would allow her to stay in Israel.
The mother entered Israel in 2001 on a work visa but remained in the country after her visa expired. Her son was born in Israel in 2008, and his father was deported from the country in 2017. Over the years, the mother submitted multiple requests to legalize her status and that of her son, but all were rejected.
In their appeal to the court, the mother and son argued that the child, who was born and raised in Israel, has a strong connection to the country. They also claimed to have suffered abuse from the father, which left the son with trauma. They expressed concern that if they were deported to the Philippines, the father would track them down and harm them.
On the other hand, the Population and Immigration Authority argued that the Minister of the Interior has the discretion to decide who may enter the country and who may remain. They stated that the mother and son failed to provide any humanitarian reason that would justify granting them legal status in Israel. The authorities also criticized the mother for acting in bad faith, citing her prolonged illegal stay in Israel, her disregard for numerous orders to leave the country, and her attempts to create a situation in which she would be absorbed into Israeli society despite her illegal status.
The state further emphasized that while the best interests of the child are a significant consideration, it is generally understood that a child’s place is with their parents. Therefore, if the parents are deported, the child must also go with them.
Judge Bar-Asher wrote that although the boy was born in Israel and was educated there, this did not justify granting legal status to his parents, who entered Israel on a work visa and stayed there illegally for years. The judge concluded that the mother had acted in bad faith, deliberately ignoring decisions from the state authorities, and created a situation in which she hoped to convince the authorities to grant her and her son status in Israel.
The ruling noted that although it is regrettable that the child will face difficulties after being moved with his mother to the Philippines, this situation was the result of the mother’s choice to stay in Israel illegally. The court also rejected the claims of fear regarding the father’s violent behavior, citing insufficient evidence. The judge pointed out that these concerns were only raised belatedly as part of the request for status adjustment.
In the final ruling, Judge Bar-Asher ordered the mother and her son to leave Israel by December 1, 2024, to allow them time to organize their departure, especially considering that the child had just started a new school year.