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Entry into Israel Law, 5712-1952

חוק הכניסה לישראל, תשי"ב-1952

Published: 1952-09-05Last amended 2026-07-20✓ Amendment status checked against the Knesset legislation record on 2026-09-28
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Unofficial English translation — for reference only. It may contain errors or omissions and cannot be relied on as a legal text. Only the Hebrew text published in Reshumot is legally binding.More

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Despite these checks, it may contain errors, omissions, or imprecise renderings of legal terminology and cross-references, and it may not yet reflect the latest amendments. It cannot be relied upon as a legal text.

The Hebrew text as published in Reshumot (ספר החוקים) and on the Knesset website is the sole authoritative and legally binding version. In any discrepancy, the Hebrew text prevails.

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Section B: Tribunal for the Review of Detention of Unlawful Sojourners

Tribunal for the Review of Detention of Unlawful Sojourners§
13k.
(a)The Minister of Justice shall appoint one or more tribunals, of a single adjudicator, for the review of the detention of unlawful sojourners under this Law (in this Chapter — the Detention Review Tribunal).
(a1)The appointment of the Detention Review Tribunal pursuant to the provisions of subsection (a) shall be made from among candidates to be selected by a committee (in this section — the Committee), whose members are:
(1)the Director General of the Ministry of Justice, who shall be the Chairperson;
(2)a State employee who is a jurist versed in the laws of entry into and exit from Israel, to be appointed by the Attorney General;
(3)a jurist from among the public to be appointed by the Civil Service Commissioner.
(b)A person who is qualified to be appointed as a judge of a Magistrate's Court and who is versed in the laws of entry into and exit from Israel is qualified to be appointed to the Detention Review Tribunal.
(c)The appointment of the Detention Review Tribunal shall be for a term of office of five years, and the Minister of Justice may, upon the recommendation of the Committee, reappoint the Tribunal for one additional term of office.
Functions of the Detention Review Tribunal§
13l.

The Detention Review Tribunal shall conduct judicial review of decisions concerning the detention of an unlawful sojourner in custody, including with regard to release on bail and with regard to the continuation of detention by reason of a delay in the execution of a removal order.

Independence§
13m.

In the performance of its functions, the Detention Review Tribunal shall be subject to no authority other than the authority of the law.

Bringing before the Detention Review Tribunal§
13n.
(a)A person held in detention shall be brought before the Detention Review Tribunal as soon as possible and not later than the expiry of 96 hours from the commencement of his detention, unless he was brought before the Detention Review Tribunal earlier pursuant to an application under section 13q.
(a1)The Border Control Supervisor may extend the period referred to in subsection (a), for special reasons that shall be recorded, for additional periods not exceeding 72 hours in the aggregate.
(b)An unlawful sojourner who has been returned to detention pursuant to section 13g shall be brought before the Detention Review Tribunal as soon as possible and not later than 72 hours after his return to detention.
(c)Where the last day for bringing the detainee before the Detention Review Tribunal falls on a day of rest, as defined in section 18a(a) of the Law and Administration Ordinance, 5708-1948, the detainee shall be brought before the Detention Review Tribunal before the day of rest.
(d)If the detainee has not been brought before the Detention Review Tribunal within the said period, the Border Control Supervisor shall order his release from detention.
Powers of the Detention Review Tribunal§
13o.
(a)The Detention Review Tribunal may —
(1)confirm the detention order, with or without modifications, and may direct that the matter of the person held in detention be brought before it for further review upon the occurrence of conditions it has determined or within a period of time it has determined, provided that the period of time until the further review is conducted shall not exceed 30 days;
(2)cancel the detention order and direct the release on bail of the detainee, if it is satisfied that the conditions for release on bail under section 13f have been met, and subject to the limitations set out therein;
(3)direct the release on bail of the person held in detention at the expiry of a period of time it has determined, if he has not been removed from Israel before then, if it is satisfied that the removal of the detainee from Israel is being delayed without reasonable justification despite his full cooperation, and that the removal order can be executed within the period of time it has determined, provided that the detainee shall not be released if his release would endanger the security of the State, public order or public health;
(4)direct a modification of the conditions of bail set pursuant to section 13f(c), as well as the forfeiture of a guarantee by reason of a breach of the conditions of release on bail.
(b)The provisions of section 13f(d) shall apply also to release on bail pursuant to an order of the Detention Review Tribunal.
(c)A decision of the Detention Review Tribunal shall contain the principal arguments of the parties, shall be reasoned and in writing, and shall be delivered to the unlawful sojourner on the spot, insofar as possible; where the Detention Review Tribunal finds that further clarification is required, it shall direct that the person held in detention be brought before it at a date it shall determine.
Reconsideration§
13p.

The Border Control Supervisor may apply to the Detention Review Tribunal requesting it to direct the return to detention of an unlawful sojourner who was released on bail pursuant to a decision of the Detention Review Tribunal, or to impose additional or different conditions of release, if new facts have come to light or if circumstances have changed since the date of the decision of the Detention Review Tribunal; nothing in this provision shall derogate from the powers of the Border Control Supervisor under section 13g.

Application to the Detention Review Tribunal at any time§
13q.
(a)A person held in detention may apply on his own initiative to the Detention Review Tribunal at any time requesting a review of his matter, and may also apply to the Detention Review Tribunal requesting reconsideration if new facts have come to light or circumstances have changed since the date of the previous decision of the Detention Review Tribunal.
(b)A person released on bail may apply at any time to the Detention Review Tribunal requesting a modification of the conditions of bail set pursuant to section 13f(c).
Place of hearing§
13r.

The Detention Review Tribunal shall conduct its hearings at the place of detention where the detainee is located, and may conduct a hearing at another place if it sees fit to do so in the interests of justice or in the interests of the efficiency of the hearing.

Procedure, evidence and ancillary powers§
13s.
(a)The Detention Review Tribunal shall determine its own working procedures and hearing procedures to the extent that they have not been determined pursuant to this Law.
(b)The Detention Review Tribunal shall not be bound by the laws of evidence, and may, inter alia, examine evidentiary material whose disclosure is liable to prejudice the security of the State or public order, otherwise than in the presence of the person held in detention and his representative, and the provisions of sections 44 to 46 of the Evidence Ordinance [New Version], 5731-1971, shall not apply.
(c)(Repealed).
Presence at hearing§
13t.

An unlawful sojourner who is held in detention or released on bail may be present at every proceeding in his matter before the Detention Review Tribunal, subject to that stated in section 13s(b), unless he cannot be located by reasonable effort, and he may also be represented without remuneration by a representative who is not an advocate.

Payment of costs§
13t1.

The Tribunal may award costs in favour of the person held in detention or the person released on bail, including advocate's fees.

Application of provisions of the Administrative Tribunals Law§
13t2.
(a)The provisions pursuant to the Administrative Tribunals Law, 5752-1992 (in this section — the Administrative Tribunals Law), except pursuant to sections 16, 17, 21, 22, 37 to 39, 41, 45 and 54, shall apply to the tribunals, with the necessary modifications and with the modifications detailed pursuant to this Chapter.
(b)Notwithstanding the provisions of section 28(d) and (e) of the Administrative Tribunals Law, the Administrative Affairs Court within whose territorial jurisdiction the seat of the Detention Review Tribunal is located is the competent court to hear appeals against decisions of the Tribunal pursuant to section 28(d) of the said Law, and to grant approvals of decisions of the Tribunal pursuant to section 28(e) of the said Law.
(c)Notwithstanding the provisions of sections 11(a) and 12(a) of the Administrative Tribunals Law, in determining the territorial jurisdiction and seat of the Tribunal, the Minister of Justice shall consult with the Minister of the Interior and with the Minister of Public Security.
(d)The provisions of section 25 of the Administrative Tribunals Law shall apply to the Tribunal with effect from the 25th of Av 5773 (1 August 2013).
13t3.§

(Repealed — הוראת שעה תש"ף-2020, 2020)

Appeal and administrative petition§
13u.
(a)A decision of the Detention Review Tribunal is subject to appeal before an Administrative Affairs Court.
(b)Where a petition has been filed with an Administrative Affairs Court against a decision pursuant to this Chapter concerning removal, except in the cases listed in the Second Schedule, and where an administrative appeal against a decision of the Detention Review Tribunal under this Section concerning detention or release on bail is pending at the same time, the court shall, within the framework of the petition, also hear the matter of detention or release on bail, and the appeal shall be struck out; however, if the petitioner has not yet filed an administrative appeal concerning detention or release on bail, he shall include those matters as well within the framework of the petition.
(b1)Where an administrative appeal against a decision of the Appeals Tribunal has been filed pursuant to section 13ae(a), and an administrative appeal against a decision of the Detention Review Tribunal filed pursuant to subsection (a) and arising from the same circumstances is pending at the same time, or where an administrative appeal against a decision of the Detention Review Tribunal pursuant to subsection (a) has been filed, and an administrative appeal against a decision of the Appeals Tribunal filed pursuant to section 13ae(a) and arising from the same circumstances is pending at the same time, the Administrative Affairs Court shall hear the appeals jointly, within the framework of the appeal against the decision of the Appeals Tribunal.
(c)Nothing in a decision of the Administrative Affairs Court, whether on appeal against a decision of the Detention Review Tribunal or against a decision of the Appeals Tribunal, or on a petition, as referred to in this section, shall derogate from the power of the Detention Review Tribunal under this Section; however, in any matter decided by the court within the framework of the appeal or the petition, the Detention Review Tribunal shall not address it again unless it is satisfied that there has been a change in the circumstances that formed the basis for the court's decision.
Regulations relating to the Detention Review Tribunal§
13u1.

The Minister of Justice is responsible for the implementation of this Section, and may, in consultation with the Minister of the Interior, make Regulations concerning procedural rules before the Tribunal and concerning administrative arrangements at the registry of the Tribunal.

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Chapter IV-A: Appeals Tribunal

Definitions§

13v.

In this Chapter —

"Appeals Tribunal" — the tribunal established pursuant to section 13w;

"decision of an authority" — as defined in the Administrative Affairs Courts Law, listed in the Second Schedule;

"Administrative Tribunals Law" — the Administrative Tribunals Law, 5752-1992;

"Administrative Affairs Courts Law" — the Administrative Affairs Courts Law, 5760-2000;

"Freedom of Information Law" — the Freedom of Information Law, 5758-1998.

Appeals Tribunal§

13w.
(a)The Minister of Justice shall appoint one or more tribunals, each consisting of a single adjudicator, to hear appeals against a decision of an authority listed in the Second Schedule, in matters of entry into Israel, sojourn and residence in Israel or departure therefrom, or in matters of citizenship, listed in the Second Schedule.
(b)The appointment of the Appeals Tribunal pursuant to the provisions of subsection (a) shall be made from among candidates selected by a committee whose members are:
(1)the Director General of the Ministry of Justice, who shall be the chairperson;
(2)a State employee who is a jurist versed in the laws of entry into and departure from Israel and in the laws of citizenship, to be appointed by the Attorney General;
(3)a jurist from among the public, to be appointed by the Civil Service Commissioner.
(c)A retired judge, or a person qualified to be appointed as a judge of a Magistrate's Court who is versed in the laws of entry into and departure from Israel and in the laws of citizenship, is qualified for appointment to the Appeals Tribunal.
(d)The term of office of the Tribunal shall be five years, and the Minister of Justice may, upon the recommendation of the committee referred to in subsection (b), reappoint it for one additional term of office.

Appeal§

13x.
(a)A person who considers himself aggrieved by a decision of an authority in his matter may file an appeal against the decision with the Appeals Tribunal (in this Chapter — appeal).
(b)An appeal shall be filed in writing, within 30 days from the date on which the decision in the matter of the person filing the appeal (in this Chapter — the appellant) was lawfully published, or from the date on which the appellant received notice thereof or from the date on which the appellant became aware of it, whichever is the earliest.
(c)
(1)Where an appeal has been filed with the Appeals Tribunal against a decision of an authority, the Appeals Tribunal may, within the framework of the appeal, also hear the matter of detention or release on bail;
(2)Nothing in a decision of the Appeals Tribunal pursuant to this subsection shall derogate from the power of the Detention Review Tribunal under Section B of Chapter IV; however, any matter decided by the Appeals Tribunal within the framework of the appeal shall not be addressed again by the Detention Review Tribunal, unless it is satisfied that there has been a change in the circumstances that formed the basis for the decision of the Appeals Tribunal;
(3)Where the Appeals Tribunal has decided to release the appellant from detention, it may direct that he be granted a temporary licence as referred to in section 2(a)(5), pending its determination of the appeal.

Application of provisions of the Administrative Tribunals Law§

13y.

The provisions pursuant to the Administrative Tribunals Law, except pursuant to sections 16, 17, 30, 37, 41, 45 and 54, shall apply to the Appeals Tribunal and to an appeal, with the necessary modifications and with the modifications detailed pursuant to this Chapter.

Argument before the Appeals Tribunal§

13z.

Notwithstanding that stated in section 26(c) of the Administrative Tribunals Law, the Appeals Tribunal may hear and decide an appeal on the basis of arguments and evidence submitted in writing only, if it finds that this would not prejudice the doing of justice in the matter of the appellant; nothing in this provision shall derogate from the provisions of section 24 of the Administrative Tribunals Law.

13z1.§

(Repealed — הוראת שעה תש"ף-2020, 2020)

Grounds, powers and remedies§

13aa.

The Appeals Tribunal shall hear an appeal in accordance with the grounds, powers and remedies according to which an Administrative Affairs Court hears an administrative petition, pursuant to section 8 of the Administrative Affairs Courts Law.

Submission of documents to the Appeals Tribunal and inspection thereof by the appellant§

13ab.
(a)The Appeals Tribunal hearing an appeal may, on its own initiative or at the request of the appellant, if it finds that it requires them for the purpose of determining the appeal, direct the authority to submit to it the documents in its possession relating to the decision in respect of which the appeal was filed.
(b)The appellant may inspect the documents submitted to the Tribunal pursuant to the provisions of subsection (a), unless the authority has requested that the appellant be unable to inspect the documents, all or part of them, in respect of which one of the grounds specified in section 9(a)(3) or (b) of the Freedom of Information Law is present, provided that inspection shall not be withheld on such a ground except to the extent required by that ground.
(c)Where the appellant has requested to inspect documents submitted to the Appeals Tribunal whose inspection has been withheld from him pursuant to subsection (b), the Tribunal may permit him to inspect the documents, as it shall determine, if in its opinion the need for inspection in order to do justice outweighs the ground for withholding inspection.
(d)Notwithstanding the provisions of subsections (a) to (c), where the documents that the authority has been required to present before the Appeals Tribunal pursuant to the provisions of subsection (a) include information which in its opinion should not be disclosed to the appellant by reason of the grounds set out in section 9(a)(1), (2) or (4) of the Freedom of Information Law (in this Chapter — classified information), the submission of the classified information to the Tribunal and the appellant's right of inspection thereof shall be in accordance with the procedure set out in section 13ac.

Presentation of Classified Information§

13ac.
(a)The Authority may request the Appeals Tribunal to present before it classified information, even in the absence of the appellant and his representative and without disclosing its contents to them; where such a request has been made, the Authority shall notify the appellant or his representative thereof.
(b)The Appeals Tribunal may examine classified information in respect of which a request as referred to in subsection (a) has been submitted, for the purpose of deciding on the request, and may receive additional particulars from the Authority regarding the information, in the absence of the appellant and his representative.
(c)Where the Appeals Tribunal finds that the interest in non-disclosure of the classified information, for the purpose of protecting State security, its foreign relations, public order or another important public interest, outweighs the need to disclose it for the purpose of doing justice, it may conduct the hearing in the appellant's matter even in the absence of the appellant and his representative and without disclosing to them the contents of the classified information.
(d)The Appeals Tribunal shall notify the Authority and the appellant or his representative of its decision on a request under this Section, and it may determine that the reasons for the decision, in whole or in part, shall be classified.
(e)Where the Appeals Tribunal has decided not to disclose to the appellant and his representative the contents of classified information, in whole or in part, it shall direct the Authority to transfer particulars or a summary of the classified information to the appellant or his representative, to the extent that this can be done without prejudicing State security, its foreign relations, public order or another important public interest.

Finality of Proceedings§

13ad.

The Appeals Tribunal shall not be required to deal with an appeal in a matter that has already been heard and determined by it, unless there has been a change in circumstances or new facts have come to light that were not known at the time of the determination of the appeal; however, if there has been a change in circumstances or new facts have come to light as aforesaid, the appellant shall first bring them before the Authority that issued the previous decision in his matter, for the purpose of obtaining a new decision in that matter.

Administrative Appeal§

13ae.
(a)A final decision of the Appeals Tribunal may be appealed as of right before an administrative affairs court; an appeal under this subsection shall be filed within 45 days from the date on which the decision of the Appeals Tribunal was given, if it was given in the presence of the appellant, and if it was not given in his presence — from the date on which it was served on him.
(b)Any other decision of the Appeals Tribunal may be appealed before an administrative affairs court, if leave therefor has been granted by a judge of an administrative affairs court; for this purpose, "any other decision" means a decision regarding a stay of execution under section 33 of the Administrative Tribunals Law, as well as a decision on a question of subject-matter jurisdiction.
(c)
(1)Where a petition has been filed with an administrative affairs court against a decision in a matter listed in item 12 of the First Schedule to the Administrative Affairs Courts Law, and at that same time an administrative appeal against a decision of the Appeals Tribunal filed pursuant to subsection (a), arising from the same circumstances, is pending, the court shall, within the framework of the petition, also hear the appeal against the decision of the Appeals Tribunal, and the appeal against the decision of the Appeals Tribunal shall be struck out; however, if the petitioner has not yet filed an administrative appeal against the decision of the Appeals Tribunal pursuant to the provisions of subsection (a), he shall include his arguments within the framework of the petition before the administrative affairs court;
(2)The provisions of section 13u(b1) shall apply to the filing of an appeal pursuant to the provisions of subsection (a) in a case where an appeal filed pursuant to section 13u(a) is pending, and to the filing of an appeal pursuant to section 13u(a) in a case where an appeal filed pursuant to subsection (a) is pending.

Appeal by the Attorney General against a Decision on Classified Information§

13af.
(a)
(1)Notwithstanding the provisions of section 13ae, the Attorney General may appeal as of right before an administrative affairs court against a decision of the Appeals Tribunal on classified information;
(2)Where the representative of the Attorney General has notified the Appeals Tribunal that he is considering filing an appeal with the administrative affairs court as referred to in paragraph (1), the Appeals Tribunal shall not transfer the information to the appellant until the appeal has been determined, provided that the appeal is filed within 15 days from the date on which he gave the said notification.
(b)
(1)Where an appeal against a decision of the Appeals Tribunal to disclose classified information, filed pursuant to the provisions of subsection (a), has been dismissed, the representative of the Attorney General may appeal against that dismissal, within 15 days from the date on which the decision dismissing his appeal was served on him, to the Supreme Court, which shall hear the appeal before a single judge;
(2)Where the representative of the Attorney General has notified the administrative affairs court and the Appeals Tribunal that he is considering filing an appeal with the Supreme Court as referred to in paragraph (1), neither the Appeals Tribunal nor the administrative affairs court shall transfer the information to the appellant until the appeal has been determined.
(c)Where the representative of the Attorney General has given a notification as referred to in subsections (a)(2) or (b)(2), and has subsequently decided not to file an appeal as referred to in those subsections, he shall notify the Appeals Tribunal or the administrative affairs court to which the said notification was given, as soon as possible.
(d)Proceedings in an appeal pursuant to subsections (a) or (b) shall be held in camera, and the administrative affairs court or the Supreme Court, as the case may be, may examine the classified information for the purpose of deciding on the appeal and may receive additional particulars from the representative of the Attorney General regarding the information, in the absence of the appellant and his representative.
(e)Where the administrative affairs court, in the framework of an appeal pursuant to section 13ae(a), has decided to disclose classified information to the appellant or his representative, the representative of the Attorney General may appeal against that decision to the Supreme Court, and the provisions of subsections (b) to (d) shall apply to such an appeal, with the necessary modifications.

Non-Reliance on Classified Information§

13ag.

Where the Appeals Tribunal has decided to disclose classified information to the appellant or his representative, or the administrative affairs court or the Supreme Court has ordered the disclosure of such information, the representative of the Attorney General or the Authority whose decision is the subject of the appeal may request the Appeals Tribunal not to take the said information into account for the purpose of deciding on the appellant's matter; where the representative of the Attorney General or the Authority has so requested, the Appeals Tribunal shall not take the said information into account, and the information shall not be transferred to the appellant.

Regulations regarding Chapter IV-A§

13ah.
(a)The Minister of Justice is responsible for the implementation of this Chapter, and may, in consultation with the Minister of the Interior, make Regulations on the following matters:
(1)rules of procedure and laws of evidence in the Appeals Tribunal, including the manner of filing an appeal;
(2)provisions regarding the transfer of proceedings in an appeal in respect of which that referred to in section 13ag has occurred, for hearing before a different panel of the Appeals Tribunal from that which heard the request pursuant to section 13ac, to the extent possible;
(3)administrative procedures of the Appeals Tribunal;
(4)the fixing of rates or maximum rates of costs and fees, for parties or witnesses;
(5)fees for the filing of proceedings with the Appeals Tribunal, and exceptional circumstances in which an exemption from such fees shall be granted.
(b)Regulations pursuant to subsection (a)(4) and (5) shall be made with the approval of the Interior and Environmental Protection Committee of the Knesset.

Amendment of the Second Schedule§

13ai.

The Minister of Justice, in consultation with the Minister of the Interior and with the approval of the Interior and Environmental Protection Committee of the Knesset, may, by Order, amend the Second Schedule.

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