Appealing the Ministry of Interior’s Decision Regarding Visas, Citizenship, Deportation, and Entry Refusal
Cohen, Decker, Pex & Brosh law office specializes in all issues relating to immigration to Israel, visas to Israel, residency, citizenship requests, immigration, and entry refusal. Every case is different, and you are welcome to contact our office for a personal consultation in Petach Tikvah or Jerusalem.
How Do I Appeal a Decision by the Ministry of Interior?
Did you apply to the Ministry of Interior (MOI) office ( Misrad HaPanim or the Administration of Population and Immigration which is under the purview of the MOI) but were denied? If so, it is important to know that you have a legal right to appeal that decision!
In this article one of our lawyers, Advocate Joshua Pex, addresses this issue. The Administration of Population and Immigration operates according to the decision appeal procedure (Procedure #1.6.0001). The procedure was updated on May 9, 2016.
The Purpose of the Procedure
This procedure regulates the way the application and appeals are received and handled by Ministry of Interior workers. It is meant for applications that were submitted at the local authority (that handled the case) and from which the decision was received. The procedure also relates to the Israeli National Center of License Issuing. It determines the appeal procedure against the decision by the visa procedures, citizenship, and passport registration (unless otherwise specified). It is important to emphasize that an applicant who was refused their status in Israel is required to leave the country at the time specified in the exit request.
Appealing the Decision
If your application was denied by the Ministry of Interior, you are required to appeal in writing immediately and no later than 21 days from the date on the letter you receive from the handling authority. If you do not appeal within 21 days, the appeal will not be handled, and an order will be issued to leave the country immediately.
It is important to note that an internal appeal is only made once. This is the case unless it is stated in the relevant procedure that a decision appeal according to that same procedure is a way of appealing to the court of appeals as stated in section 13 (24) to Law No. 5712-1952, Entry into Israel Law or by a petition only.
To Whom Do I Appeal?
It is important to know who in the Ministry of Interior made the administrative decision in order to know to whom to appeal. Therefore, prior to appealing, you need to check who signed the refusal letter.
The procedure for filing an appeal on the MOI’s decision stipulates the authority to appeal to:
Appealing the local MOI’s branch manager’s decision — will be discussed by the department center.
Appealing the MOI’s department center’s decision — will be discussed by the department manager or the deputy department manager.
Appealing the department manager’s or department committee’s decision — will be discussed by the head of the desk.
Appealing the head of the desk’s decision at the Administration of Population and Immigration headquarters in Jerusalem — will be discussed by the field manager.
Appealing the field manager’s decision — will be discussed by the manager of registration and status.
Appealing the manager of registration and status’s decision — will be discussed by the CEO of the authority.
In the National Center of License Issuing, appealing a decision made at the center — will be discussed by the manager of license issuing.
Addressing Different Legal Forums
The legal authorities which rule on issues versus the MOI regarding immigration to Israel change according to the type of the decision. Generally, the courts that deal with immigration to Israel are the Court of Custody Examination, the Court of Appeals, the District Court when presiding as the Administrative Court, and the Israeli Supreme Court. After rejecting the appeal, it is usually required to appeal to the relevant court in order to exhaust the legal rights in front of a judge to rule on the matter based on the facts of the case, the law, and the relevant ruling.
The immigration lawyers at our office Cohen, Decker, Pex & Brosh who deal with immigration and status regulation in Israel would be happy to provide legal consultation regarding appeals against the Misrad Hapnim decisions.