Delays in Receiving a Passport in Israel—Do You Deserve Monetary Compensation?
When might delays in receiving a passport in Israel result in monetary compensation? These days, there are delays in issuing passports for Israeli citizens, which mainly stem from a high load of applicants or from strikes taken by the passport authorities. In certain cases, when the delay exceeds the time stipulated by law for issuing passports, this may constitute grounds for compensation by the authorities. In this article, attorney Joshua Pex from our firm, who specializes in immigration to Israel and represents our clients vis-à-vis the authorities and the courts in the processes of issuing passports, visas, permanent legal status in Israel, Aliyah, and naturalization, explains about the topic.
There have recently been very significant delays in issuing passports for Israeli citizens. Although the corona crisis has receded, one of its side effects is the large number of Israelis who seek services from the authorities for the purpose of leaving or entering Israel. The Ministry of Interior’s Population and Immigration Authority, which is the main body responsible for renewing and issuing passports, is experiencing great difficulty in handling the load of requests. Consequently, it has become difficult to schedule appointments for renewing passports, and the time it takes to issue passports has become exceedingly long. Specific solutions such as issuing temporary passports or starting a “passport marathon“, with Population Authority bureaus focusing entirely on issuing passports, have only partially improved the situation.
Besides the delays in issuing passports for Israelis residing in Israel, also Israel’s Diplomatic Missions abroad, who operate under the Ministry of Foreign Affairs, have been experiencing delays in providing passports and even a shortage in passports to issue. This comes on top of the strikes among many of the workers at the Ministry of Foreign Affairs, due to which there are disruptions in the consular services provided by the authorities. This is a big problem for Israelis abroad who only have an Israeli passport (including students studying at foreign universities and Israelis working abroad) that has expired and, in many cases, they cannot renew it for the purpose of returning to Israel or leaving the country where they are staying. It is important to know that, in many cases in which there is a delay in issuing a passport, this may constitute grounds for suing the authorities. The amount of compensation that is awarded in these lawsuits may reach thousands of Israeli shekels and sometimes even more. Below we explain what the law stipulates regarding delays in delivering passports and we will show a recent example of a lawsuit on the matter that was accepted.
WHAT IS THE PROCESS FOR ISSUING A PASSPORT?
The procedure for issuing or renewing a passport is stipulated in the passport regulations. According to this procedure, applying for a passport requires scheduling an appointment at the Population Authority offices (or the Israeli consulates abroad, for Israelis who are overseas). Since the State of Israel has been issuing only biometric passports since 2017, biometric identification details are taken during the application process (a camera capture of facial features or the applicant’s fingerprints). The passport is then sent to the address of the applicant by registered mail within approximately six weeks.
The procedure for renewing or issuing temporary passports is quicker, but these passports are only valid for one year from the time that they are received. Applications for temporary passports may be filed at some of the Population Authority offices, as well as at the Ben Gurion Airport. Those who wish to issue a temporary passport within 48 hours of the flight may only apply for one at the Ben Gurion Airport.
HOW DO YOU SUE THE AUTHORITIES IF YOU EXPERIENCE Delays in Receiving a Passport?
If the authorities take an unreasonable time to issue a passport, this may constitute grounds for a lawsuit against them. The authorities may be sued at a court that is authorized to accept this type of claim (the Magistrate or regional court, depending on the subject-matter jurisdiction, also called jurisdiction ratione materiae, to hear the specific case). It is also possible to file a suit at the small claims court. These proceedings are generally quicker, since they are carried out in a less formal manner than are suits at Magistrate or regional courts.
In a recent ruling of the small claims court in Nazareth, a lawsuit was accepted regarding temporary passports that the plaintiff ordered for his minor daughters. The plaintiff claimed that the Population Authority did not issue the passports on time, and based the claim on the fact that the Authority had officially publicized on its website that the waiting time for the temporary passports would be no longer than three weeks. Since the passports did not arrive at the expected time, the plaintiff was forced to submit an urgent request to issue temporary passports at the Ben Gurion Airport. The court accepted the plaintiff’s claim and ruled that the Authority had exceeded the time for issuing passports that it had promised in an official publication. The plaintiff was awarded a compensation of 830 ILS for the fees that he paid for the urgent request, in addition to legal expenses in the amount of 500 ILS. The court dismissed the plaintiff’s claim for compensation for monetary loss that, he claimed, resulted from the delay in issuing the passports, but it emphasized that this claim was dismissed only because the plaintiff did not present receipts and evidence of the monetary loss. This ruling is an example that demonstrates the option of suing for compensation in relevant cases due to a delay in receiving a passport. It is probable that, in the future, compensation will be awarded in other similar cases, as well.
DELAYS IN RECEIVING A PASSPORT—CONTACT A LAWYER WHO SPECIALIZES IN CIVIL LAW AND IN IMMIGRATION TO ISRAEL
In this article we have explained about the option of suing due to a delay in receiving a passport, an option that may be relevant for many Israelis who have suffered from the recent phenomenon of delays in this area on the part of the authorities. If you have any further questions on the topic or are interested in clarifying your chances of suing in specific cases, you are welcome to contact our firm and we will be happy to help. Our law firm, which has branches in Jerusalem and Tel Aviv, specializes in immigration to Israel and in all civil law matters. You may contact us via the phone numbers or email address listed below.
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