Denied Entry to Israel After Landing? Here's What to Do
שתף:
פוסטים נוספים
תוכן עניינים
מאת עו״ד ונוטריון יגאל מור
דיוק בייעוץ המשפטי. מצויינות בליווי המשפטי.
How to Handle Entry Denial to Israel?
The right to enter Israel is granted exclusively to Israeli citizens and does not apply to foreign nationals. The Entry into Israel Law, 1952 governs the entry of non-citizens and stipulates that anyone who is not an Israeli citizen may enter the country only with an immigration visa or a permit issued under the law. Section 1 of the Entry into Israel Law states:
“(a) A person who is not an Israeli citizen may enter Israel only by virtue of an immigration visa or a permit issued under this Law.
(b) A person who is neither an Israeli citizen nor a holder of an immigration visa or certificate shall reside in Israel only under a residence permit granted in accordance with this Law.”
As a sovereign state, Israel holds the authority to monitor and control entry into its borders and to remove individuals residing unlawfully. This authority is vested in the Minister of the Interior and officials acting on their behalf, in accordance with the provisions of the Entry into Israel Law. The law empowers border control officers to detain individuals for the purpose of verifying their right to enter the country and, if necessary, to deny entry. It also allows for the person to be held in a facility until their departure from Israel.
Common Reasons for Entry Denial to Israel
There are several common reasons why a foreign national may be denied entry to Israel. The most frequent concern is the suspicion of potential illegal settlement. Officials at the Ministry of Interior may suspect that a person seeking to enter Israel intends to remain in the country permanently, rather than for a temporary visit. Such suspicion often arises in cases involving nationals from countries with a high rate of illegal overstays, or when the visitor is unable to clearly explain the purpose of their visit, the intended length of stay, or where they plan to stay during their visit.
Another common reason is a history of unlawful presence in Israel. A person who has previously stayed in Israel illegally or who has frequently entered and exited the country on tourist visas may raise concerns that they are arriving to work illegally rather than for tourism.
Security or criminal concerns also serve as grounds for entry refusal. For example, a foreign citizen who is found to be affiliated with organizations hostile to the State of Israel, or who has ties to hostile entities, may be denied entry. Similarly, individuals arriving from countries requiring advance visas who fail to obtain one, or who conceal information or lie about the purpose of their visit, may also be refused.
Additionally, entry may be denied to foreign nationals seeking to visit their Israeli partner. In such cases, Ministry of Interior officials may suspect that the individual intends to settle in Israel with their partner, rather than simply visit, and therefore refuse entry on those grounds.
The Procedure Following Entry Denial
When a foreign national is denied entry to Israel, the response depends on the point of entry. In cases involving a land border, the individual is typically turned back and returned to the location from which they arrived. If the denial occurs at an airport, the individual is transferred to the “Entry Denial Facility” (also known as the “refused entry facility”) located near the arrivals terminal at Ben Gurion Airport.
The stay at this facility generally does not exceed 24 hours and lasts until a seat becomes available on a departing flight. In certain cases, however, the stay may extend to several days. Due to the brief window of time during which the individual is held, it is crucial to act swiftly and consult immediately with an attorney who specializes in immigration law.
According to legal precedent, the detention of a foreign national in such a facility is considered an administrative action. As the Israeli Supreme Court has ruled, “Alongside the constitutional examination of the arrangement for extending detention of an individual whose removal from the country is obstructed, there must be thorough, consistent, and ongoing administrative review of how this authority is exercised. Since extending the detention of someone who cannot be deported involves an ongoing infringement on that person’s liberty, continued detention must be carefully monitored and justified according to the specific circumstances of each case.”
Ways to Challenge or Respond to an Entry Denial
There are several ways to challenge an entry denial to Israel. One option is to immediately approach Ministry of Interior officials at the border crossing. If someone—such as a friend, partner, or family member—is waiting for the denied individual on the Israeli side of the border, it is advisable that the Israeli citizen contacts the immigration authorities without delay to request permission for the foreign national to enter. In some cases, entry may be permitted subject to the deposit of a bank guarantee, ensuring the individual’s departure from Israel by the date specified in their visa.
Another option is to file an urgent request with the Appeals Tribunal. If an official decision has already been made to deny entry, an emergency motion may be submitted to the tribunal to prevent removal from Israel. This request typically includes a petition for a legal hearing, in an attempt to overturn the Ministry of Interior’s decision.
It is important to note that the Appeals Tribunal also holds authority to conduct judicial review regarding the detention of individuals who are unlawfully present in Israel, including decisions on release under financial guarantee and the duration of detention due to delays in deportation. Among its powers is the ability to impose bail as a condition for releasing someone who is staying in Israel unlawfully.
If the decision of the Appeals Tribunal is unsatisfactory, it can be appealed to the District Court. However, both the appeal and the original petition must be based on sound legal arguments and supported by relevant documentation and evidence.
Entry Denial for Foreign Spouses of Israeli Citizens
A special category of entry denial applies to foreign spouses of Israeli citizens. In Israel, there is a legal pathway to regulate the status of a non-citizen spouse in order to enable family unification. This right stems from the authority granted to the Minister of the Interior under Section 7 of the Citizenship Law, 1952.
To regulate their status in Israel, couples must undergo a multi-year process known as the “graduated procedure,” in accordance with the Ministry of Interior’s protocol for granting status to a foreign spouse married to an Israeli citizen. The procedure outlines the specific conditions and requirements for family unification.
According to this protocol, the Israeli spouse must submit a request to invite the foreign partner to Israel. This invitation must be filed within 45 days of initiating the status regularization process.
If the consular officer or Ministry of Interior representative suspects that the relationship lacks genuine intent, they may still allow the foreign spouse to enter the country, but condition the entry on the deposit of a financial guarantee. Once entry is granted, the couple must contact the Ministry of Interior within 30 days to continue the status regularization process.
If the foreign spouse is denied entry despite having been invited under the official procedure, it is possible to file an appeal with the Appeals Tribunal. A further petition can also be submitted to the District Court to challenge the tribunal’s decision.
Legal Precedents Regarding Entry Denial and Family Unification
The Israeli Supreme Court has ruled that while the Minister of the Interior is granted broad discretion in implementing the provisions of the Entry into Israel Law, that discretion is subject to the principles of proper administrative conduct and judicial review. As stated by the Court:
“As a starting point, we must note the broad discretion granted to the Minister of the Interior with regard to granting residence permits in Israel under the Entry into Israel Law […] However, it must also be remembered that the exercise of the respondent’s discretion (even when defined as ‘broad discretion’) is subject to judicial review under the standard grounds that apply to any administrative discretion.”
(AdminA 8908/11 Asfo v. Ministry of the Interior, published in Nevo)
Consequences of Entry Denial and Further Actions
Being denied entry to Israel can have significant implications for a foreign national’s future ability to visit the country. In most cases, a person who has been refused entry will be barred from re-entering Israel for a period that may extend up to ten years.
To return to Israel, the individual must first apply for special permission through the Borders and Crossings Department of the Ministry of Interior before attempting to enter the country again. This is a complex and often challenging process, which involves submitting a detailed request supported by relevant documentation and official approvals. In some cases, authorities may also require a financial guarantee to be deposited as a condition for granting entry.
It is important to note that although immigration authorities are granted broad discretion, there are circumstances in which humanitarian considerations must be taken into account. As the Supreme Court of Israel has ruled:
“The authority to deport the petitioners from Israel exists. However, like any other governmental power, the authority to deport must be exercised in line with its underlying purpose. There is no dispute that in exercising the power of deportation under the Entry into Israel Law, considerations of public interest in Israel must be weighed. Yet these are not the only considerations… A person who enters or remains in Israel unlawfully is not entitled to stay, but is entitled to ensure that their life is not in danger – neither in Israel nor in the destination country to which they are deported.”
In Summary
Being denied entry to Israel is a stressful and often unexpected experience, but it is not necessarily the end of the road. There are legal avenues available to challenge the decision, whether by contacting Ministry of Interior officials at the border, filing an urgent appeal with the Appeals Tribunal, or pursuing further legal action in the District Court. This is especially relevant for cases involving foreign spouses of Israeli citizens, where family unification rights come into play.
Given the short timeframe for action—particularly when a person is detained at the airport—it is essential to act quickly and seek immediate legal advice from an attorney specializing in immigration and status matters.
At Mor & Co. Law Office, our dedicated Immigration and Status Department is here to help. We are proud to be recognized by Dun & Bradstreet as one of Israel’s top law firms in the field of immigration and status regulation. If you or a loved one has been denied entry to Israel, contact us today for urgent legal support at 02-5953322 / 03-3030430.
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אין לראות בתכני האתר ייעוץ משפטי, המלצות או חוות דעת: למרות שמשרדנו עושה מאמצים לעדכן את תוכן האתר והבלוג, לא ניתן להסתמך על האמור ללא קבלת ייעוץ משפטי פרטני.התכנים אשר כתובים באתר ובבלוג המשפטי אינם מהווים ייעוץ משפטי או תחליף לייעוץ משפטי, המלצה או חוות דעת. אין להסתמך על האמור לצורך נקיטת פעולה או הימנעות מנקיטת פעולה. האמור באתר ובבלוג אינו מתיימר לכסות את מכלול ההוראות בדין או נסיבות המקרה. להפך התוכן שבאתר הינו כללי בלבד ורובו נשען על הנחות יסוד שונות שבהכרח לא יתאימו לכל מקרה ומקרה. על-מנת לקבל יעוץ משפטי מדויק אודות מקרה ספציפי עליכם לפנות לעורך דין המתמחה בתחום. המסתמך על האמור באתר ללא ייעוץ משפטי נושא באחריות המלאה למעשיו.
