In anticipation of the new year 5784, we received a long-awaited gift. Nothing can please a lawyer as much as the successful completion of a case. Especially when your client has been working towards this day for over five years.
Nika arrived in Israel in 2017 with the intention of repatriating under the Law of Return, to which she was fully entitled. She had previously applied to ‘Nativ’ in Ukraine, but her application was rejected because she has a developmental delay and cognitive impairments.
Nika decided to try her luck and initiate the process in Israel. Following a consular check in Jerusalem, Nika was asked to provide medical documents proving that her condition does not pose a threat to the safety of other citizens of Israel.
Soon, such documents, signed by Israeli doctors, were submitted to the Ministry of Interior office in her place of residence. They took a year and a half to review, after which they requested similar documents from the country of origin. After the medical opinions were submitted to the administration, it took another six months before Nika’s first interview was scheduled, followed by a second one.
Almost three years after arriving in Israel, a decision was made to issue an A5 visa (residence permit), noting that the application would be reconsidered after a year.
On one hand, the poor girl was finally able to get health insurance and legally find a job, but on the other hand, Nika has the right to make Aliyah. Who decided to be so cruel and determined that if a person has problems, they are only entitled to a residence permit?
We filed an internal appeal against the Ministry of Interior’s decision, but the case was moving very slowly, requiring incredible efforts at every stage of the process.
It was decided to go all out, instead of constantly waiting for the ministry’s mercy.
The district court did not satisfy the demands. We then appealed to the Supreme Court, which forced the prosecution and the Ministry of Interior to give in. Thus, by the Israeli New Year holidays, there was one more citizen!
Ahead is the fight for repatriation benefits, as Nika has been living in the country for a long time and does not directly fit the criteria. But the main thing has finally happened.
Nika’s case is handled pro bono by our office, helping her as much as possible in communicating with officials from various institutions.