POLITICAL ASYLUM IN ISRAEL
The A.I law firm assists in the preparation and filing of applications for political asylum for refugees and illegal foreigners. Our firm deals with legal cases at the Population and Immigration Authority, at the Ministry of Internal Affairs and, if necessary, acts as a representative in various legal institutions.
International law, to which Israel is committed, grants every person, who is forced to flee his country because of political, religious, racial or other persecution, the right to protection and refugee status.
An “asylum seeker” is a person who seeks protection and assistance from a state in accordance with the International Convention because of a genuine fear and persecution in his country of origin on the grounds specified in the International Convention.
During the consideration of an asylum application, an asylum seeker is granted permission to stay in the country of 2(A)5 type. This permit is a temporary residence permit issued in Israel until a decision on the asylum application submitted by the applicant is made.
It is advisable to file an application for asylum within one year from the date of entry of the asylum seeker to Israel. Submission of an application after this period will depend on the specific reasons that the asylum seeker can provide.
In Detail’s
An asylum seeker needs to prove to the Population and Immigration Authority that he is being persecuted in his country of origin and that his life is in danger there.
If an application for asylum is approved, the asylum seeker will be granted a permanent residence permit of A/5 type.
It should be noted that in the event of the rejection of an application for asylum, this will not be the final decision and this decision to reject the application can be appealed against, meaning there will be a delay in the deportation from Israel before the final decision on the appeal is made.
If we are talking about a foreign citizen who was arrested and placed in custody, his interests can also be represented during his imprisonment, in which case there will also be a delay in his deportation from Israel until a final decision on the appeal is made.
The law represents an intricate and complex concept in this area, and broad international case law addresses fundamental questions such as who is a refugee, what level of evidence is required to be provided and does an individual have the right to protection in his country of origin, etc.
The asylum seeker must provide “reasonably well-founded reasons for concerns” of persecution in his country and he must support his application with as much evidence as possible. He must clarify the circumstances of the case and the consequences of the persecution in his home country. It should be noted that an asylum seeker must provide evidence and substantiate the fact that the attacks in question are not accidental, but rather systematic incidents occurring on a regular basis against an asylum seeker, thus becoming a persecution.
According to the regulations, even minor alarming events that occur systematically can be considered persecution, that is, when it is expected that the basic human rights of an asylum seeker will be violated if he returns to his country, not only in the form of imprisonment or threat to life, defined as “persecution”, but other types of violations of fundamental human rights as well.
The principle of non-refoulement states that the deportation or return of a person to a place where his life or freedom is in danger is prohibited. This principle is also a fundamental principle of Israeli law (please see Supreme Court 4702/94, 5190, 5448, Al Tay v. Minister of Internal Affairs, Resolution 848, 843 (3)).
The second cumulative condition that constitutes “persecution” is the presentation of a reasonable and real suspicion, indicating that the asylum seeker may suffer from persecution in his country, as described in the Convention related to the Status of Refugees mentioned above.
During this procedure, the asylum seeker must provide the Ministry of Internal Affairs with various documents and evidence confirming the fact that he is being persecuted in his country of origin. After that, the asylum seeker will have to undergo an “interrogation”, a sort of an intensive investigation, during which the Population and Immigration Authority thoroughly examines and considers his application.
The purpose of the interrogation is to find out whether the case in question is really a genuine refugee case and to ensure that the application is not a sham.
Inaccuracies in the versions of the story cast doubt on the credibility of the asylum seeker and, as a result, his application may be rejected.
Questions carry a fundamental character, so one should be well prepared. It is very important that the asylum seeker be assisted by an experienced lawyer who is familiar with the laws and with all the relevant details, and who can clarify in a statement why the asylum seeker is entitled to political asylum in Israel. Proper representation of interests often results in a big difference between success and failure.
It should be noted that preparing for the interrogation with the assistance of a lawyer significantly increases the chances of success. In addition, during the preparation for the interrogation, the lawyer will compile a list of relevant questions that the asylum seeker will most likely be asked in real time.
Moreover, the lawyer will simulate the interrogation in advance in order to avoid anxiety and confusion when answering the questions at the real interview.
If, after the interrogation, the Population and Immigration Authority is suspicious of the asylum seeker and / or considers that there are no grounds for political asylum in Israel, the application for asylum is rejected, after which the asylum seeker is required to leave Israel.
The Supreme Court, in case 4702/94, Salah Ahmed Kaddam Al-Thai v. Minister of Internal Affairs, ruled that the principle of non-refoulement, justified in article 33, annotation 33 to the Convention on Refugees, is valid in Israel in any government agency regarding the deportation of a person from Israel.
The court ruled that the principle of non-refoulement is a general principle that does not make limitations and “is applied in Israel in all government bodies dealing with issues of deportation of a person from Israel.”
The principle of non-refoulement is enshrined in the Convention relating to the Status of Refugees of 1951 and, in an additional protocol of 1967, to which the State of Israel has acceded. The State of Israel is committed to this principle, according to which a person is not deported to a place where his life is in serious danger.
An asylum-seeker who is granted permission of 2A5 type will be entitled to work and earn for a decent life in his host country.
The Supreme Court recognized the right to a decent living wage, as part of the right to dignity according to the basic law on “Human dignity and freedom”. “The dignity of a person,” wrote Barak, the retired President, “including … protecting the minimum living wage for human existence … a person living on the street with no housing is a person whose dignity as a person is impaired; a person thirsting for bread is a person whose dignity as a person is impaired;
A person who does not have access to basic medical treatment, is a person whose dignity as a person is impaired; a person who is forced to live in humiliating material conditions, is a person whose dignity as a person is impaired. (Civil appellate body 4905/98, Gamzu v. Yeshayahu, Resolution 375-376, 360 (3)).
Please also see the article of the Honourable Judge Arbel, who stated: “the basic law on Human Dignity and Freedom is designed to ensure the basic human existence of every person in a society … depriving a person of minimum means for subsistence and of a minimum income violates his dignity.” (Supreme Court 3512/04, Schazife v. National Labor Court, Resolution 70.76, [4].)
See also the decision of the retired President Barak in the Supreme Court 03/366, Association dedicated to the promotion of peace and social justice v. the Minister of Finance, Resolution 482-483, 464 (3).
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