3. OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES GENEVA. Information and Accession Package: The 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness First published in June 1996; revised in January 1999 - A91

i. Removal to Israel can cause irreversible damage to children's psychic. After suffering discrimination, persecution, traumatic incidences in Israel - they have little by little restored their ability to smile, to sleep normally at night, not to fear new places, people, etc. They did not fully recover yet, but horrible memories about Israel became almost transparent - and don't hold them in fear any more. There could be no another chance for them to recover if removed to Israel.

1. UNHRC in document "International covenant on civil and political rights Distr. GENERAL CCPR/C/77/L/ISR 27 November 2002 HUMAN RIGHTS COMMITTEE" - A87

j. If removed to Israel, children will be denied access to medical services. The evidence may be found in Maitre Melamed Letters (see ; direct evidence) and in document A87 (page 5, para. 21) (indirect evidence, principle of analogy).

1. UNHRC in document "International covenant on civil and political rights Distr. GENERAL CCPR/C/77/L/ISR 27 November 2002 HUMAN RIGHTS COMMITTEE" (page 6, paragraph 21) - A87
2. Letters from Maitre Melamed - A44, A45
3.

PART THREE

1) extreme hardship;

(See comments and materials below)

In addition, Diana is already suffering from depression in result of what happened to her in Israel, and may have a psychological stress disorder. She is visited by suicidal intentions in response of the "bad immigration news", and might die or develop irreversible psychological damage if removed to Israel. (see a medical opinion, which is attached - A71, A72)

1) Removal to Israel is a cruel punishment it itself, because it approves the fairness and injustice, which the family has faced in Israel. Diana and Serhey see it as a green light to cruel Israelis, whose victims the family became in Israel, to continue their previous inhuman treatment. They feel the removal decision as an approval of persecution of Christians in Israel and a message to Israeli government that it is allowed. Extreme unfairness is always causing a dramatic damage to human psychic. In some cases it can be equivalent to torture. Diana and Serhey have honestly told about difficulties and persecution, which met them in Israel. The facts they described fully correspond to Amnesty's statements, US Department of State Country Report on Israel, and to all other possible statements, sources and analysis. Even the IRB commission has issued a conclusion that the facts that Diana and Serhey have described were reliable.

Let's imagine that Diana and Serhey with their children have appeared in Ben-Gurion airport. Where can they go? What should they do? There is no immigration program of resettlement of people, who were deported from other countries back to Israel; there is no governmental program to help people in difficult situations. There are an enormous number of homeless people in Israel; sometimes families with children face eviction and finding themselves in the street. Hotel is not a solution. In Israel hotels are 3-4 times more expensive (comparing to the minimum wage salaries) then in Canada. There are no residential buildings for rent in Israel (like in Canada). Each landlord is an owner of a single private condo or apartment; companies in Israel don't own residential buildings for rent. This is why to find a place to leave in is an extremely difficult task in Israel. This is also why neighbors and landlords abuse members of minorities so systematically and freely in Israel. Each residential house in Israel has a council, normally composed from conservative orthodox religious Jews. These councils have an unlimited authority. They can intervene in a dispute between landlord and tenant, etc. In Israel, landlords are accustomed to demand payments for 3-6 months in advance, and also demand warrants to sign a lease together with the tenant. They also ask you if you are a Jew. As a rule, these conditions are "obligatory" in Israel. What housing council, what landlord will accept a Christian family, deported back to Israel, a family, where parents are not working yet and not legitimate to receive welfare or any social assistance? Where can Diana and Serhey find the warrants?

It is a big probability that they would be homeless in Israel, with no work and no social assistance.

A new discriminative legislation was adopted (2001) in Israel, with supplements and amendments to Israeli Criminal Code (see Maitre Melamed's letter - A44, A45 (letters from Maitre Vadim Melamed). These new laws contradict all standards of international treaties and norms. According to these new laws - people, who were living abroad during some period of time and suspected in an intention to stay abroad forever, are criminals, who are accused in contemning Israeli citizenship - and must be punished.

Such people are punished by the next punishing measures: a) they are denied medical services (let's remind you that Israel has no universal free medical program - as Canada, - and people must pay for medicine and medical services anyway) for 2 months in proportion to every year of their absence in Israel (6 months for 3 years of absence - this is ALREADY FAMILY CHABANENKO's TERM); b) they must pay a huge fine for not working for an Israeli employer.

This is a direct indication that the State of Israel treats its citizens as slaves.

In its statement (AI May 2000 AI Index: MDE 15/17/00 - see A A43) Amnesty condemns Israel for supporting and practicing slavery, saying that - according to Israeli law - slavery is permitted in Israel, and buying and selling people is not a criminal offence in Israel.

The main and almost only reason of persecution, to which Diana and Serhey were exposed in Israel, is because they are Christians.

For a Christian, immigration to Israel is illegal: Israeli Law of Return. According to this law, a Christian, even if his / her parents were Jewish, has no rights to immigrate to Israel. However, no one explained this in Israeli consulate, and Diana, Serhey and the children have obtained immigration visas to Israel non-aware of this problem.

As a daughter of a Jew, converted to Christianity, Diana was hated and detested in Israel more then any one, who was born Christian.

She was denied employment because of the cross of her neck. When she finally was hired, she was mocked and humiliated as soon as co-workers have detected that she's a Christian. They persecuted her by an obstruction, did not speak to her. They were biased the factory's owner against her, defamed her... They have booted her out of the factory's territory during Jewish religious holidays: because her presence has "contaminated and desecrated" factory's premises. They did everything to provoke her dismissal from work. Once a female Israeli has outpoured a bucket with dirty water on her - because she could not bear the cross her neck.

Neighbors-Israelis used to leave garbage under their door, damaged and painted the door with abusive slogans.

Her son was beaten by his schoolmates, they have forced him to remove the cross from his neck and called him "dirty "goy" (non-Jew). His schoolmates' parents have abetted their children in harass and abuse "Russians", humiliate them - and by this force them to circumcise. Finally, he has refused to attend school.

There is a draconian body in Israel, which is a part of Israeli Minister of Interior (Bureau of the Commissioner of the Population Registration). Israeli authorities are encouraging people to spy on each other and report about all "hidden non-Jews". Finally - a delation on Diana and Serhey was made to the Minister of Interior: that they are traitors of the Jewish nation and came to Israeli illegally. On this ground the Ministry of Interior has initiated a long and humiliating procedure of the invocation of their Israeli citizenship. In most of the cases prior to citizenship or permanent residency invocation Israel puts people to a prison; they also may take children away from their parents.

They have decided to depart before an eventual full deportation will be on track, and turned to the Ministry of Interior with a request to issue Israeli foreign passports. For a long period of time Ministry of Interior has openly denied foreign passports to the children (Egor and Evgenia), preventing their departure from Israel. Almost 1 year we the family was draw into an exhausting struggle: endless demands, requests, audiences, appointments, interview in the Ministry of Interior, etc.

2 times laissez-passers have been issued to the children, but not foreign passports. They could visit only Ukraine with these temporary travel documents, but for entering other countries passports are needed. By then the children were registered in their parent's Israeli documents already during 2 years, and a refusal to issue them foreign passports was a tremendous violations of their rights. If Egor and Evgenia were not Israeli citizens, then it was obligatory for Israel to inform their parents about this - and prevent the termination of Ukrainian citizenship (Ukraine does not recognize dual citizenship). If Egor and Evgenia did not get the Israeli citizenship - then it means that Israeli government has consciously made them stateless.

However, even in case that they have Israeli citizenship, we can not consider that this citizenship DE FACTO CITIZENSHIP because of the refusal to them "foreign" (international) passports.

The conflict with the Minister of Interior was brought to the Ministry's office in Ramle. Clerks in Ramle told the applicants Diana can "go home" - leaving children in Israel.

After 9 months of humiliation and threats the head of the office in Ramle has informed applicants that will investigate how they could illegally sneak into Israel, in violation of the Law of Return.

They have managed to depart from Israel, but there is a good reason to suspect that Israeli authorities have warned Canadian Immigration about their arrival. Otherwise it is hard to explain, why among all other passengers of the airplane only they were suspended and taken to Immigration in the airport, where their stay in Canada was restricted to 2 weeks.

We can only speculate, why Israel and main Jewish world organisations desinform new immigrants about their rights and the nationalistic character of the "Jewish state", about Israeli immigration law and prohibition of Christian religion and European culture. However, we know that Israel is in permanent need of cheap manual labour and solders for Israeli army. (See: A93, where you can read: "On that day the vast army of Arab laborers who wait on tables, pick vegetables, haul garbage, lay brick and perform virtually all Israel's menial work, stayed home." [John Kifner, New York Times, December 22, 1987]

This is why Golda Meir and her followers have widened the "Law of Return", because they needed Russians, Ethiopians, and Arabs in Israel: for slavish manual work.)

REFERENCES

1. From "Ha-Aretz" - A93
2. Slaves" Replacement - A125
3. Stateless in Israel - Because Christian - A126
4. "Israel, the Holocaust, and Anti-Semitism" Noam Chomsky interviewed by David Barsamian of Alternative Radio - A128

5. (Racism Inside Israel) - Shaml Newsletter No:12, July 1998 - A129

2) Discrimination and persecution of social, ethnic, and religious minorities is very common in Israel. Neighbours-Israelis, employers and co-workers, bureaucrats, teachers, etc. - attack, insult, harass, abuse people like Diana and Serhey, commit criminal acts against them, vandalise and destroy their property, beat up their children... Dear Immigration officers! You can read testimonies about this in thousands of claims of Russian speaking refugee claimants. For more then 10 years you were reading non-stop thousands of translations of dramatic stories from Russian Israeli newspapers, which say about the same. You probably think that this is a conspiracy of the Russian speaking minority in Israel. However, another possibility exists: that in general the description of sadistic and outraged humiliations is true. This is also very truthful that "standard" methods and tricks of persecution are the same from neighbourhood to neighbourhood, from city to city.

Especially dangerous and aggressive Israeli social environment is for Russian speaking women, and even more dangerous - for Christian women (see ISR26508.E1 - A74; see an extract from US Department of State Country Report - Israel 2002 - A75).

Diana and Serhey have described next persecutions in their refugee claim:

a. Discrimination and persecution at work, by neighbours-Israelis,

====================================

(See: ISR25800.E28 - A76)

b. Discrimination and persecution by Israeli government, by Israeli bureaucracy.

=======================

See US DEPARTMENT OF STATE REPORT ON ISRAEL 2000 Extract 3 with comments - A77

3) A process of revocation of Diana and Serhiy's Israeli citizenship with all consequences like imprisonment, torture, etc.

===============

See: US DEPARTMENT OF STATE REPORT ON ISRAEL 2000 - Extract 4 with comments - A78

4) As we know from the letter of Israeli lawyer Maitre Vadim Melamed, a criminal punishment is awaiting claimants in Israel. Next documents show us: 1) that a trial over them in Israel can not be fair; 2) that Israeli prisons expose prisoners to the most cruel punishment and almost inevitable torture; 3) that Israel treats and punishes victimised people (like the claimants) and even victims of the criminal offences as criminals:

See: A47
See: Army Area Handbook - A21

5) If removed to Israel, Diana and Sergey will become Israeli hostages. A prohibition to leave the country will be imposed on them.

Israeli passport law, immigration law (more precisely - law, affecting immigration), citizenship law and residency law are so racist and discriminatory in their nature that Israel and Jewish Zionist organizations are doing everything they can to prevent any presence of their translated from Hebrew texts in law libraries, on Internet or in Immigration of other countries' archives. This is why they were removed (annexed) from Canadian Immigration's database:

See: A138

==============

Even beside personal situation of family Chabanenko, Israel is practising a visa for exit regulations - which is a direct attempt to lower an iron curtain:

See: A139

==============

Persecution of Christians in Israel and anti-Christian laws and regulations may be considered as evidence that claimants can not keep their rights in Israel and that their humanitarian appeal is justified:

Israeli crimes against Christians (consult all our documentation, and - in particular - A141).

There is another undeniable evidence of applicants' claim that Christians are persecuted in Israel: Israeli crimes against Christian Holy Places and Israeli anti-Christian law. Israel - is a society of hatred, where everyone hates everyone. The level of hatred and hostility is so incredible that any one, who's more vulnerable that others, will become a victim automatically.

See: US DEPARTMENT OF STATE REPORT - ISRAEL 2000 - Extract 5 with comments - A136

See: amendment to Israeli penal code - A110, A111, A112
See: Israeli Anti-Humanitarian Law - A137

See: Anti-Christian Law - A110, A111, A112

See: Army Area Handbook - A21

=============

PART FOUR

34. The Board did not dispute the reliability of the citizenship revocation possibility in general. However Bord"s conclusion about the status of a Jew, who has been converted to Christian faith, was wrong.

The Board has wrote:

PRRA officer has went further, denying even to discuss this question:

However, there is undeniable evidence that applicants were correct:

U.S. Département of State Report on Israel 2002,

LAW OF RETURN (AMENDMENT NO. 2), 5730-1970:

PRRA agent has taken an Israeli-originated document (The Law of Return reconsidered by David Clayman, Fellow of the Jerusalem Center for Public Affairs and Director of the Israel Office of the American Jewish Congress), and - based on it - made such a conclusion:

However, on the first page of this document David Clayman has presented a sample case, similar to applicants" case:

This example has clearly show that the PRRA agent gave a distorted reading the document that she has referred to. Plus, she has blatantly stated that the Law of Return did not change since 1950. However, contrary to her statement, the Law of Return have been changed several times, for example, in 1970, when an important amendment - section 4A - was introduced. This section has completely combined Jewish eugenic definition with the Jewish religious fundamentalism, depriving the right of immigrating to Israel Jews, who voluntarily "changed" their religion (became Christians), as it happened in Diana Chabanenko"s case: "(...) except for a person who has been a Jew and has voluntarily changed his religion"

In document entitled "International covenant on civil and political rights Distr. GENERAL CCPR/C/77/L/ISR 27 November 2002 HUMAN RIGHTS COMMITTEE" (page 4, 15 (article 12) UNHRC wrote:

Finally, there is another document, which clearly speaks about the same - IRB Request for Information Response- ISR1640.E 19 Aug 1996 (A115):

We have other innumerous evidences-sources that the revocation of Diana and Serhiy"s Israeli citizenship is inevitable.

We can make the only correct conclusion that is deported to Israel, applicants will loose their Israeli citizenship - and will be left in a social and juridical limbo, unable to leave Israel, completely unprotected and stripped of rights.

1. ISR1640.E 19 Aug 1996 - A115
2. Distr. GENERAL CCPR/C/77/L/ISR 27 - A87
3. David Clyman - A116
4. US Department of State Report on Israel 2002 -
5.

WHY THE FAMILY CAN NOT APPLY FROM OUTSIDE CANADA

35. Claimants have no legally obtained travel documents for children; their unlawfully obtained passports are not valid.

36. If even they were valid, some of applicants' travel documents will expire soon anyway. With the procedure of revocation applicants' citizenship, pending in Israel, applicants' travel documents will never been extended - and new ones will never been issued.

37. They can not go to Israel to apply from there because of the next reasons:

1) They will be in the process of their citizenship revocation, and will not be able to apply while in the process;

2) Criminal charges are awaiting them in Israel for obtaining passports illegally;

3) Because of persecutions in Israel, applicants will not be equal there to other applicants, candidates for Canadian immigration visa. Psychologically, administratively, socially - regarding all possible directions - they will be in a different position then other candidates, which will violate their rights for the equality.

38. It is obvious that claimants have been trapped in not dependent from their will circumstances, where they have no chances or possibilities to apply for immigration visa from outside Canada.

INTEGRATION INTO CANADIAN SOCIETY

39. Serhiy and Diana are both working; Serhiy - in his professional domain.

40. Both of them have manifested an excellent knowledge of English; they can operate and navigate in everyday life with virtually no language barriers.

41. Children, Egor and Evgenia, have been also successfully integrated into Canadian society, attending school, having no conflicts and no problems here.

42. All of them are active at the Ukrainian Orthodox Church in Winnipeg, where they became important and respected members of the Ukrainian Christian religious community.

43. They are trusted and respected at church, at work, at school, so, that we can see them as helpful, lawful, peaceful, employed and socially useful part of Canadian society.

44. In spite of their stressful situation, the family is strong, and its members stick to each other.

45. As ordinary members of society, as Christian martyrs, as a good family and good workers, claimants bring stability and integration into Canadian life.

46. Main applicant"s profession (he"s a welder), all specific features and characteristics of the whole family would make them excellent candidates for independent immigrants class - if they could apply from outside Canada.