Refusal of Entry to Israel: How to Deal With Denial Of Entry

Handling Entry Denials to Israel

Our law firm has been successfully handling cases of entry denial and deportation from Israel for over 25 years. Legal representation by an expert immigration lawyer significantly enhances the chances of gaining entry and staying in Israel while expediting legal procedures.

Full Information on Entry Denials to Israel:

Introduction – Addressing Entry Denials to Israel

Individuals denied entry to Israel can generally be divided into two categories. The first includes foreign nationals whose visa application was rejected while they were still in their home country. The second category consists of those who arrive at Ben Gurion Airport and are denied entry by the Ministry of Interior officials for any reason.

Foreign nationals belonging to the second category are transferred to a detention facility, known as the “Entry Denial Facility,” located near Ben Gurion Airport, where preparations for their deportation take place.

At this facility, foreigners are typically held for a few hours before deportation, with most cases not exceeding 24 hours. Due to the short timeframe, immediate consultation with an immigration lawyer is critical to preventing deportation.

Legal Framework and Supporting Case Law

As a sovereign state, Israel has the authority to regulate entry into its borders and deport illegal residents, including detaining them for this purpose.

The Entry into Israel Law, 1952, grants border control officers the authority to delay entry for verification purposes, deny entry, and detain individuals until their departure. Under this law, the Entry into Israel Order (Visa Exemption), 1974, was enacted, exempting certain nationalities from requiring an entry visa in advance.

However, the Minister of Interior retains broad discretion to conduct inquiries and deny entry when deemed necessary. This authority is extensive and grants significant power to immigration officials.

It is important to emphasize that detaining a foreign national at the “Entry Denial Facility” is an administrative action. This means that the mere existence of legal authority is insufficient to justify such actions; the exercise of power must be reviewed based on legislative intent and fundamental rights.

Administrative decisions must adhere to principles of reasonableness and proportionality and are subject to judicial review. Given the nature of rights at stake and the fact that detention serves administrative—rather than punitive—purposes, authorities have a heightened duty to continuously reassess the justification for continued detention in light of changing circumstances.

As the Supreme Court ruled in a similar case:

 “Alongside examining the constitutionality of the detention extension for individuals preventing their own deportation, there must be rigorous, ongoing administrative review of how this authority is exercised. Since extended detention significantly infringes on an individual’s liberty, there is a necessity for constant oversight and assessment of the justification for continued detention in each specific case“.

The Implications of Entry Denial to Israel

Practically speaking, if you have invited a foreign friend, spouse, or acquaintance to Israel, they may find—only upon arrival—that Israeli immigration officials have refused their entry.

Beyond the distress and inconvenience, an entry denial can have long-term consequences, affecting the foreign national’s future ability to enter Israel at all.

Acting Quickly is Crucial

A swift, professional, and strategic intervention by an experienced immigration lawyer can prevent deportation, overturn an entry ban, and address additional measures imposed by the state, such as marking a passport with an entry denial stamp. With efficient legal assistance, entry permits can be obtained, and deportation can be avoided.

Israel is known for its strict border security measures, primarily due to national security concerns. Airports, border crossings, and airlines themselves are highly secured to ensure the safety of travelers.

Beyond security, the Entry into Israel Law grants immigration officials the discretion to approve or deny foreign nationals’ entry based on legal criteria and Ministry of Interior regulations.

When Might a Foreign National Be Denied Entry to Israel?

Entry decisions at border crossings are made at the discretion of Ministry of Interior officials. However, these decisions must be logical and reasonable, based on concerns regarding the foreign national’s intentions, including:

Previous illegal stays in Israel – The longer the previous overstay or the more frequent the tourist visa entries and exits, the higher the suspicion that the individual is seeking unauthorized employment rather than visiting.

Intent to work without a permit – If there is suspicion that the visitor plans to work in Israel without the required visa, entry may be denied.

Potential illegal settlement – If there is a high likelihood that the individual intends to remain in Israel unlawfully.

Inability to justify their visit – Visitors unable to explain their travel purpose, where they will stay, or whom they plan to visit may raise suspicion.

Criminal or security concerns – Individuals associated with organizations hostile to Israel, those with links to the Palestinian Authority, individuals who have visited enemy states, or those who provide misleading information regarding their visit may be denied entry.

Following in-depth questioning, if officials suspect that the visitor poses a risk, they may refuse entry and initiate deportation.

Entry Denials for Foreign Spouses of Israeli Citizens

Foreign nationals visiting Israel to see their Israeli spouses may also be denied entry if immigration officials suspect that their intention is to settle in Israel unlawfully.

Couples seeking to reunite should arrange entry approval in advance to avoid the unpleasant experience of an entry refusal.

Common reasons for entry denial include:

Citizenship from Eastern European, Russian, Thai, Filipino, Ukrainian, Polish, or Turkish origins, which are scrutinized due to higher statistical rates of immigration violations.

Multiple past relationships with Israeli citizens, raising concerns about potential immigration fraud.

Close relatives who are Israeli citizens, creating suspicion that the individual intends to stay permanently.

What Happens When Someone is Denied Entry?

At land border crossings, entry denials result in immediate deportation back to the departure point.

At Ben Gurion Airport, denied individuals are transferred to the Entry Denial Facility until a flight is available for their deportation. Detention can range from a few hours to several days.

Given the short timeframes, immediate legal action is critical to prevent deportation.

What Can Be Done After an Entry Denial?

Beyond the distress of being detained before deportation, there are immediate legal actions that can be taken:

If an Israeli friend or family member is awaiting the visitor’s arrival and suspects an issue at immigration, they should immediately contact the Ministry of Interior officials to request entry approval.

Entry may sometimes be granted against a bank guarantee, ensuring the visitor’s departure by a set date. However, officials may refuse to engage with private citizens, making legal intervention essential.

Urgent Appeals to the Court of Appeals – If an entry denial decision has been made, a lawyer can file an urgent appeal to prevent deportation and overturn the Ministry of Interior’s decision.

An experienced immigration lawyer can assess the chances of legal success and whether an interim court order should be requested to lift the entry ban. Since these cases are time-sensitive, immediate action is necessary.

Consequences of an Entry Denial

Beyond emotional distress and frustration, a foreign national denied entry at the border may be barred from re-entering Israel for up to 10 years.

Future entry will require prior approval from the Ministry of Interior’s Border Control Department, a complex process that should be avoided through proactive legal intervention.

Expert Legal Assistance in Entry Denial Cases

Our law firm specializes in Israeli immigration law, particularly in resolving entry denial cases. As experienced Ministry of Interior attorneys, we act swiftly to secure entry, prevent deportation, and facilitate legal immigration processes.

With over two decades of experience, we have a deep understanding of the legal system and a track record of success in overturning entry denials.

Our services include legal consultation, document preparation, representation at detention facilities, visa processing, interview preparation, and effective legal solutions for complex cases.

For immediate legal assistance, contact us today!