Israel simplifies repatriation rules and awaits new citizens

On August 29, a trial was held at the High Court of Justice (BAGATS), at which a decision was made - to recognize the right of the widows of the sons and grandchildren of a Jew as legal applicants for obtaining Israeli citizenship. In the future, this decision opens the door for thousands of new repatriates who will be able to legally carry out the process and receive all the relying rights of new residents of the country, including health insurance and social insurance.

The case in court was initiated and won by the Kovalenko-Zernopolsky Law Office (Israel). Two family histories were taken for the appeal. In both families, it was about the repatriation of the widows of the sons of Jews, whose children and grandchildren already lived in Israel.

Judge Yitzhak Amit wrote in the ruling: "There are cases where the death of a spouse who has the right to return does not necessarily indicate the disintegration of the family unit and the severing of ties with the Jew and the Jewish people, if such a relationship existed previously". Judge Anat Baron supported the position of the colleague and the plaintiffs. The decision of BAGATS was adopted by two votes to one.

This is not the first time that Israeli lawyers have gone to the High Court of Justice in an attempt to resolve this issue. However, the case has not yet reached a court verdict. Everything ended with the recommendation of BAGATS to withdraw the appeal or cassation, or the court insisted that the parties come to a compromise. The most satisfactory solution that was obtained earlier is the issuance of a temporary residence permit and only for the families of the plaintiffs. Nothing has changed systemically.

It is important to note that the decision received so far applies only to the plaintiffs in this case. Now the Israeli Ministry of Internal Affairs must issue appropriate instructions on the updated interpretation of the Law of Return, which is the basis for obtaining Israeli citizenship by anyone whose Jewish origin or belonging to a Jewish family is documented. Having received it, the consular service of the Embassy of the State of Israel will be able to officially accept applications from everyone who meets the criteria.

Attorney Alex Zernopolsky, member of the Israeli Chamber of Lawyers, senior partner of the Kovalenko-Zernopolsky office, expert on immigration law and legalization of status in Israel:

"In our opinion, the policy of the Ministry of Internal Affairs inevitably leads to the transformation of Israel into a clerical state. Israel was created to gather Diaspora Jews, and they are inseparable from their family members. By abolishing the right to repatriation for them, the Ministry of Internal Affairs is opposing the very Zionist idea that underlies the formation of the state of Israel. Our task as human rights defenders is to defend the interests of the descendants and family members of Jews, which the Law of Return directly speaks of".

Lawyer Alexey Kovalenko, Chairman of the Commission for Relations with the Bar Associations of the former USSR-CIS countries in the Israeli Chamber of Lawyers, senior partner of the Kovalenko-Zernopolsky office:

"This is the result of many years of work, followed by dozens of personal stories, which became the basis for building a strong strategy. Our reasoning was based on the interpretation of the Law on Return, discrimination against plaintiffs by the Ministry of Internal Affairs, which had not previously challenged the right to repatriation by widows of the children and grandchildren of a Jew. We also pointed out the withholding of information about the change in the Ministry of Internal Affairs policy regarding widows, implemented through an unpublished internal instruction. We believe that Israel should lend a hand to the diaspora, which has a lot of mixed families. Not to alienate these people, but, on the contrary, to allow them to live in the land of Israel, to become a part of Israeli culture and to feel Jewish identity".