Gavel (illustration)
Gavel (illustration)iStock

Jerusalem courts for administrative matters rejected an appeal from the state in a precedent-setting ruling in which appeals court ruled against Interior Minister’s decision to deport the mother of a young terrorist who stabbed a Border Police officer in Jerusalem in 2015.

The woman in question had requested legal residency status in Israel. At the time, the Interior Minister, Aryeh Deri, decided to reject her request because of her close family ties to a terrorist. Deri considered that in this case, it was in his discretion on whether or not to grant the woman status in Israel.

However, the Administrative Affairs Court overturned the Minister of Interior’s decision.

The court dismissed the state’s argument that the mother bore some responsibility for her son’s actions. They said that there is no “absolute responsibility” of parent for the child’s action.

The court added that in this case, there was no claim that the mother was aware of her son’s intention and therefore it cannot be argued that she was negligent in supervising his actions.

That court said it was reasonable to assume that her statement in an interview after the attack was a “natural reaction of denial”. And the fact that the Ministry of Interior significantly attributed to her words not come “in line with basic concepts of freedom of thought and opinion.”