The Interior Ministry decisions are decisions of an administrative authority. Administrative authority’s decisions in general, and the decisions of the Interior Ministry in particular, should be accompanied primarily by balancing act between the principles of justice and fairness in government acts, and considerations of promoting administrative efficiency.
In addition, on the decisions of the Interior Ministry applies all the rules of the administrative law. When you come to examine the reasonableness of a decision or administrative act, it should be done taking into account the particular circumstances of the case and the examination of all the factors. You must consider, among other things, the question of whether the public authority has given the proper weight to the various relevant factors that should be taken into account. See more about this in our article: consultation and managing all decisions of the Interior Ministry.
A final refusal decision of the Interior Ministry, after the right of appeal has been given, which was granted in a certain bureau, and decisions which were granted at the Authority’s headquarters in Jerusalem, can be appealed by filing an objection within 30 days to the objection committee in Jerusalem/Tel Aviv, according to the substantive and local jurisdiction.
This objection is actually a barrier to filing a petition, which was used until a few years ago. However, immediately with the rejection of the objection, the petitioner has a right to file a petition. The objection committees for foreigners were established, among other things, to serve as a filter for administrative appeals. That is to avoid unnecessary Arrival of affairs which can be resolved or dismissed within the objection committee to the court, and ease the burden on the administrative court, in matters that are agreed to discuss on the objection committee. See more about this in our article: appeals to the objection committees objecting the decisions of the Interior Ministry.
The criteria for obtaining an Israeli citizenship differ radically from Western countries such as the US and the UK. In most cases, obtaining Israeli citizenship is subject to the inherent Jewish blood connection. This criterion is unique to the State of Israel, it does not distinguish between rich and poor or country of origin, but if the person is Jewish or not. This is derived from the Declaration of Independence, stating that Israel is a “Jewish and democratic” state.
However, even non-Jews can be given an Israeli citizenship since they are relatives of Israeli citizens. For example: a Jewish person who immigrates as a new-comer is eligible, since all of his first circle family members, even if they are not Jewish, will immigrate with him and get a citizenship. Moreover, a foreigner marrying an Israeli citizen is entitled to obtain an Israeli citizenship. See more about this in our article: obtaining an Israeli citizenship.
In Israel the status a “new-comer immigrant” (“Ole”) is granted to those who wish to be a permanent residence in Israel under the Law of Return, and those who wish to become an Israeli citizen in every respect. The status of “new-comer immigrant” is granted for a fixed period, usually one year from the day the immigrant arrived to Israel, and at the end of this period the immigrant is getting an Israeli citizenship.
Please note that it is possible to become a citizen under the Law of Return without having to go thru the route of a “newcomer”. However, in the track of “newcomer” the immigrant and his family receive special benefits in the form of allowances, tax reductions and discounts in the purchase of a car and an apartment, and more. Therefore, the status of “newcomer” is extremely important. See more about this in our article: obtaining a “newcomer” status.
The normative framework:
According to the Law of Entry to Israel, the entry into Israel of those who are not citizens of Israel will be by a visa, and their residence in Israel will be on the basis of residence permit. The Interior Minister – is the minister responsible for the implementation of the Entry into Israel Law – he is authorized to grant licenses and permits as mentioned above, and is also authorized to determine conditions in them. Section 6 of the Entry into Israel law – states this:
The interior Minister may –
(1) determine conditions for granting a visa or residency permit and extension or replacement of a residency permit, including the determination of getting a financial collateral, a bank guarantee or other suitable guarantees to secure such conditions, and the methods of fulfilment or forfeiture of the guarantee;
(2) determine in the visa or in the license, conditions to the validity of the visa or residence permit.
As mentioned above, under its general authority to stipulate conditions for visas and residence permits, the Interior Minister usually stipulating visas under different conditions according to applicable. The Interior Minister is also granted with the authority to revoke a newcomer immigrant’s visa and Israeli citizenship, if those were obtained on the basis of false information. Section 11(b) to the Entry into Israel Law states:
“The interior minister is entitled, in a reasoned decision, to cancel a newcomer visa and a newcomer certificate issued under the Law of Return, 1950, if obtained by giving false information”.
Section 11(c) of the Citizenship Law states:
“The interior minister may revoke the Israeli citizenship of a person, if it has been proved to his satisfaction, the citizenship obtained on the basis of false information”.
To conclude that the condition of these two sections for cancellation of a newcomer immigrant visa or Israeli citizenship, the Interior Minister should be convinced at the existence of the condition on the basis of “administrative evidence rule”, meaning the evidence at hand is this:
“That any reasonable person would regard it as having probative value and would trust it”.
Section 13 to the Entry into Israel Law, which establishes the authority of the Interior Minister to order the deportation of a person from Israel, states:
“(A) A person who is not an Israeli citizen or a newcomer according to the Law of Return, 1950, the Interior Minister is authorized to give him a deportation order if he is in Israel without a residency permit.
(B) Those which an order of deportation was issue to them, must leave the country and not return as long as the deportation order was not canceled.
(C) Those which an order of deportation was issue to them, a border control officer or a police officer, may arrest and hold him in a place and in a manner prescribed by the Interior Minister, until his departure from Israel or until his deportation from Israel … “.
The Interior Minister may transfer his authorities, as stated, including the authority to order a deportation, as indeed been transferred to the manager, as stated in the deportation order.
Attorney David Angel firm expertise:
David Angel Law firm specializes in filing appeals and objections against decisions of the Interior Ministry. Attorney David Angel law firm knows how to handle and deal with the various problems that arise during the various decisions of the Interior Ministry, and has great success in this field. To this day, the firm has managed thousands cases of appeals, objections and petitions on the decisions of the Interior Ministry. David Angel Law firm deals with cases against the Interior Ministry for over a decade, and operates on behalf of its clients to establish for them the same rights granted to them under the law.
David Angel law firm provides support and representation against the Interior Ministry in providing visa for a foreign national spouse which is a foreign citizen married to an Israeli citizen * briefing and guidance before discussions at the Interior Ministry * briefing before polling Interior Ministry briefing document preparation * * Preparation of documents * representation *.