LGBTQ+ Palestinians can request asylum in Israel, court rules

LGBTQ+ Palestinians in danger due to their sexual orientation can request asylum in Israel, the Tel Aviv District Court for Administrative Affairs ruled on Sunday, according to KAN news.

Judge Michal Agmon-Gonen approved the appeal of a Palestinian from the West Bank who had been rejected by the Population Authority due to his being Palestinian. The Population Authority's position is that all Palestinians are not subject to the UN's Refugee Convention, and, therefore, Israel is not obligated to provide asylum to any Palestinians.

The Palestinian who filed the appeal has been living in Israel since 2015 and claims that his life is at risk in the Palestinian territories due to his sexual identity. In the appeal, the Palestinian described how he was pushed into coming out to his parents after he refused to marry the woman they had chosen for him and how his father responded by attacking him and calling for additional relatives to assault him as well.

After realizing his life was in danger, the Palestinian ran from his home and got into Israel. After hiding in Israel for a while, the Palestinian contacted the Civil Authority through an organization that helps LGBTQ+ Arabs to request a residency permit. The request was refused at first but after further proceedings, he received a temporary permit.

Agmon-Gonen rejected the Population Authority's position concerning Palestinians requesting asylum, ruling that the UN Refugee Convention does apply to Palestinians from the West Bank and that they are entitled to request asylum on the basis of sexual and political persecution.

UNRWA, the UN agency tasked with providing aid to Palestinians, notes on its website that the UN Refugee Convention does not apply to Palestinians who are receiving protection or assistance from UNRWA, unless "such protection or assistance has ceased for any reason, without the position of such persons being definitively settled in accordance with the relevant resolutions adopted by the General Assembly."

Interior minister to appeal ruling

Interior Minister Moshe Arbel announced after the ruling was published that he had spoken with the High Court of Justice Department of the State Attorney and would file an appeal against Agmon-Gonen's ruling.

The Aguda - The Association for LGBTQ Equality in Israel expressed outrage at Arbel's decision to appeal the ruling, stating that this decision "not only contradicts the State of Israel's duty as a democratic state to stand by those who are persecuted because of their identity, but also contradicts Israel's efforts to present itself around the world as an LGBTQ-friendly country during the war."