Israeli Ministry of Interior Interview
In this article Advocate Joshua Pex, an Israeli immigration lawyer working at Cohen, Decker, Pex & Brosh law firm, will explain the Israeli Ministry of Interior interview procedure and what you should know before a hearing at the Ministry of Interior.
The legal status of foreign nationals in Israel is regulated by the Ministry of Interior, the Population and Immigration Authority (Misrad HaPanim in Hebrew). Ministry of Interior regulations require Ministry of Interior clerks to grant recipients of service an interview which is called a hearing. In other words, those who are applying to regulate their status in Israel have the right to have their voices heard by way of an Israeli Ministry of Interior interview. Whether it is regarding regulations for shared life and arranging status in Israel through marriage to an Israeli citizen or arranging status in Israel for common-law couples, the right to an Israeli Ministry of Interior interview exists. Moreover, an applicant has the right for an interview at the Ministry of Interior or arranging status by virtue of any procedure of the Ministry of Interior. Indeed, the right exists for an applicant of service to receive the opportunity to voice their claims before clerks who will make a decision concerning their case.
Israeli Ministry of Interior Interview Procedure
All the conduct of the Ministry of Interior officials is regulated by Israeli immigration laws and regulations, but particularly by the state procedures which outline the obligations of state workers in each case. The Israeli Ministry of Interior interview procedure states that conducting an interview is one of the central working tools for Population Authority clerks to clarify facts in the application.
The protocol of the hearing is submitted to the Ministry of Interior file and is the basis of the decision in the case. The interview is only held at Population Authority Department offices by Ministry of Interior clerks who will be careful to protect the privacy of the interviewee as much as possible. The interview is conducted by way of a personal conversation through questions and answers. Ministry of Interior clerks are obligated to give the interviewee a fair opportunity to voice their claims. The Ministry of Interior clerks will write the interviewee’s answers on interview preparation forms. At the end of the interview the interviewee will be asked to sign a document about the interview after reading and confirming the interview protocol. At the request of the interviewee, Ministry of Interior clerks will provide a copy of the interview preparation form to the interviewee at the Ministry of Interior.
The Legal Purpose of the Hearing
The Israeli Ministry of Interior interview procedure was published in 2009; however, it is based on a long tradition of Israeli court rulings regarding the individual’s right of hearing during their proceedings before the administrative authority. Israeli court rulings have determined that there are three objectives for a person’s right to have their claims heard by the determined authority before it makes a decision concerning their case. First, the right to be heard increases the trust of the injured party in the decision of the authority which decides on their case, because that person knows that they received the opportunity to voice claims during the interview. Second, the right to be heard by means of a hearing at the Ministry of Interior increases the general public’s trust in the administrative authority. Third, the interview at the Ministry of Interior exposes the Population Authority clerks themselves to the claims of the applicant, so that the decision is made after hearing all the relevant claims.
The Right to Legal Support by a Lawyer during the Interview
An upcoming hearing at the Ministry of Interior is liable to raise concerns for interviewees who are not familiar with the procedures of the Ministry of Interior and the specific laws relating to their application. Likewise, it is possible that during the interview at the Ministry of Interior questions will be raised by the authority clerks, which the interviewee does not know whether they must answer or how to respond.
Therefore, it is worthwhile to know that the person has a right to be accompanied by a lawyer at the time of the hearing in the Ministry of Interior. A lawyer accompanying a client to a hearing at the Ministry of Interior is certainly not entitled to answer questions on behalf of the interviewee; however, the lawyer is entitled to voice legal claims in favor of their client at the end of the interview.
In summary, if you are invited to a hearing at the Ministry of Interior or are facing an interview at the Ministry of Interior, we recommend you seek consultation with an Israel immigration lawyer. An Israeli immigration lawyer will be able to assist the client with preparing for the interview or arranging for a lawyer to accompany you to the interview at the Ministry of Interior.
If you have any questions regarding a hearing you are facing or an Israeli Ministry of Interior interview, please contact us for legal advice.