Refusal of Entry to Israel: What Happens at Border Control, and What Can Be Done

A decision at border control looks immediate, but it is an administrative decision in every respect: it has a source of authority in the law, it has grounds, and it may be challenged within fixed deadlines. A person who knows those three things is in an entirely different position from the very first moment.

“Being delayed at the border is not a refusal. It is the moment at which the decision can still be influenced.”

Adv. Liat Karskas · Head of the Personal Status & Immigration Department
Adv. Liat Karskas, Head of the Personal Status and Immigration Department at Mor & Co.
Adv. and Notary Igal Mor
By Adv. and Notary Igal Mor
Updated · About an 8-minute read

What happens at border control

The starting point is written in the first section of the Entry into Israel Law: a person who is not an Israeli citizen shall enter Israel under an immigrant visa or under a visa issued under the law. A visa is not a guarantee of entry, and the examination at the border is a separate stage.

The power at that stage is found in section 9. A border control officer may delay the entry of a person who has come to Israel until it is clarified whether that person is permitted to enter, and may direct a place where the person is to remain until the clarification ends or until departure from Israel. This is a delay for the purpose of clarification, not a final decision.

Where the clarification ends in the conclusion that the person is not permitted to enter, section 10 comes into play: the Minister of the Interior may remove the person from Israel, and the border control officer may hold the person in the place and manner determined by the Minister until departure.

The distinction between the two stages is not semantic. At the delay stage the clarification is still open, and it is therefore the stage at which producing documents, giving an explanation and contacting a lawyer affect the outcome more than at any other.

Normative source: Entry into Israel Law, 5712-1952, sections 1(a), 9 and 10. Checked September 2026.

The statutory grounds of refusal

Alongside the general discretion in the law, section 2(d) lays down a closed list of cases in which no visa and residence permit of any kind shall be given to a person who is neither an Israeli citizen nor the holder of a permanent residence permit. The list applies where the person, or the organisation or body on whose behalf the person acts, has knowingly done one of the following:

published a public call to impose a boycott on the State of Israel, as defined in the Law for the Prevention of Harm to the State of Israel by Means of Boycott, or undertaken to participate in such a boycott; published, in writing or orally, words denying the Holocaust; published words denying the massacre of 7 October 2023; or published support for the prosecution of Israeli citizens in a foreign state or before an international tribunal for acts done in the course of their duties in the Israel Defense Forces or in one of the security branches.

Alongside the list the law lays down an express exception: notwithstanding the above, the Minister of the Interior may give a visa and residence permit, on special grounds to be recorded. In other words, even where a ground appears to be made out, there is a power to depart from it, and it is a power that requires the recording of reasons.

Those two points, the existence of a listed ground and the existence of a reasoned exception, are the framework within which a refusal decision is afterwards examined.

Normative source: Entry into Israel Law, 5712-1952, sections 2(d) and 2(e). Checked September 2026.

The decision and the duty to give reasons

A decision at the border is a decision of an administrative authority, and the ordinary rules therefore apply to it. The Administrative Procedure Amendment (Decisions and Reasons) Law requires the authority to reply in writing to an application within 45 days and to give reasons for its decision. Where no reasons are given, the burden of proof in any legal proceeding passes to the authority.

Hence the first practical step after a refusal: to ask for the decision and its reasons in writing. Without the reasons it is impossible to know whether the matter is a listed ground under section 2(d), a defect in the documents, or a suspicion concerning the intended stay, and each of these leads somewhere entirely different.

A fuller treatment of the duty to give reasons, of the meaning of silence and of the grounds of review appears on the pages administrative appeal and administrative petition and principles of administrative law.

Normative source: Administrative Procedure Amendment (Decisions and Reasons) Law, 5719-1958, sections 2(a), 2A and 6(a). Checked September 2026.

Being held until departure

As stated, section 10(b) empowers the border control officer to hold a person found not to be permitted to enter, in the place and manner determined by the Minister, until departure from Israel.

Where the holding is in custody under chapter four of the law, the statutory time rules apply. A person held in custody shall be brought before the Custody Review Tribunal as soon as possible and no later than 96 hours from the beginning of the custody. The border control supervisor may extend that period, on special grounds to be recorded, for further periods not exceeding 72 hours in the aggregate. If the person held is not brought before the tribunal within the period, the supervisor shall order release from custody.

That is a deadline written in the law, not a practice. Checking the deadlines is one of the first things a lawyer does when contacted by a person held in custody.

Normative source: Entry into Israel Law, 5712-1952, sections 10(b), 13YD(a), 13YD(a1) and 13YD(d). Checked September 2026.

What to do in real time

First, ask for the decision in writing together with its reasons, stating that the request is made for the purposes of a challenge.

Second, do not sign a document that is not understood. Signing a waiver or a declaration in a language that is not understood makes matters much harder later, and the right to understand a document is not something to give up under time pressure.

Third, keep every document: the flight ticket, the booking, the hotel confirmation, the letter of invitation, and every notice handed over. These are the materials that build the file.

Fourth, contact a lawyer. That has procedural significance too: the Appeals Tribunal hearing an appeal may also rule on the question of custody or release on bail, and if it decides to release the appellant, it may order that a temporary permit be given until the appeal is decided.

Fifth, a person who has already left Israel is not barred from filing. The proceeding can be conducted from outside Israel, and the tribunal may hear and decide an appeal on the basis of arguments and evidence submitted in writing alone, if it finds that this will not impair the doing of justice in the appellant's case.

Normative source: Entry into Israel Law, 5712-1952, sections 13KD(c)(1), 13KD(c)(3) and 13KV; section 2(a)(5). Checked September 2026.

Appeal and further appeal

A person who considers himself aggrieved by a decision of an authority in his case may file an appeal against it with the Appeals Tribunal. The deadline is 30 days from the day on which the decision was published, delivered or came to the appellant's knowledge, whichever is earlier.

The tribunal hears the appeal in accordance with the grounds, powers and remedies under which an Administrative Affairs Court hears an administrative petition. That is to say the full grounds of administrative review: lack of authority, extraneous considerations, unreasonableness, procedural defect and absence of reasons.

An appeal against the tribunal's decision may be filed with the Administrative Affairs Court within 45 days. There is no direct application to the Supreme Court.

Normative source: Entry into Israel Law, sections 13KD(a), 13KD(b) and 13KZ; Administrative Affairs Courts Law, 5760-2000, section 12; Administrative Affairs Courts (Rules of Procedure) Regulations, 5761-2000, regulation 3(b). Checked September 2026.

In summary

A refusal of entry begins with a delay for clarification and not with a final decision, and at that stage the outcome can still be influenced. When the decision is made, it is an administrative decision: it has grounds listed in the law, alongside them a power to depart from those grounds on reasons to be recorded, and a duty to give reasons.

Being held until departure is subject to rules, among them a period of 96 hours for being brought before the Custody Review Tribunal, non-compliance with which requires release.

The challenge is conducted before the Appeals Tribunal within 30 days, and thereafter by appeal to the Administrative Affairs Court within 45 days, and it can be conducted from outside Israel as well. Contact us to review your situation and for information on the options available to you.

Questions and answers

Questions and answers on refusal of entry

Does a visa guarantee entry to Israel?
No. Entry requires a visa, but the examination at border control is a separate stage. A border control officer may delay entry until it is clarified whether the person is permitted to enter.
What is the difference between a delay and a refusal?
A delay is a power under section 9 for the purpose of clarification, and the decision is still open. A refusal is the conclusion that the person is not permitted to enter, and the Minister may then remove the person under section 10.
What are the statutory grounds of refusal?
Section 2(d) lays down four grounds on which no visa and residence permit shall be given: a public call to boycott the State of Israel or an undertaking to participate in one, Holocaust denial, denial of the massacre of 7 October 2023, and publishing support for the prosecution of Israeli citizens abroad for acts done in the course of their duties in the IDF or the security branches.
Where a ground is made out, is there no way?
The law lays down an exception: notwithstanding the above, the Minister may give a visa and residence permit on special grounds to be recorded.
How long may a person be held?
A person held in custody shall be brought before the Custody Review Tribunal no later than 96 hours from the beginning of the custody, and the period may be extended on special grounds to be recorded by up to a further 72 hours in the aggregate. If the person is not brought within the period, the supervisor shall order release.
Can an appeal be filed after leaving Israel?
Yes. The deadline is 30 days, and the tribunal may hear and decide on the basis of arguments and evidence submitted in writing alone, if it finds that this will not impair the doing of justice.
What is the forum?
The Appeals Tribunal, and thereafter an appeal to the Administrative Affairs Court within 45 days. There is no direct application to the Supreme Court.
Delayed or refused at the border

Let us see what the decision actually says

A short diagnostic call with a lawyer from the department, in which we examine the wording of the decision and its reasons, the deadlines already running, and the documents to gather for an appeal.

A lawyer from the department, not a call centre We will get back to you as soon as possible No promise of outcome

You cannot copy content of this page