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Law

Entry into Israel Law, 5712-1952

חוק הכניסה לישראל

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

Detention Review Tribunal for Unlawful Residents

13ja.

[Amendment: 2001-4, 2008-2, 2011-3]

(a)The Minister of Justice shall appoint one or more tribunals, each consisting of a single judge, for the review of detention of unlawful residents under this Law (in this Chapter – the Detention Review Tribunal).

(a1)The appointment of the Detention Review Tribunal pursuant to the provisions of sub-section (a) shall be made from among candidates selected by a committee (in this Section – the Committee), whose members are:

(1)the Director General of the Ministry of Justice, who shall serve as chairperson;

(2)a State employee who is a jurist well-versed in the laws governing entry into and exit from Israel, to be appointed by the Attorney General;

(3)a jurist from the public to be appointed by the Civil Service Commissioner.

(b)A person who is qualified to serve as a judge of a Magistrate's Court and is well-versed in the laws governing entry into and exit from Israel is eligible 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 such person for one additional term of office.

Functions of the Detention Review Tribunal

13jb.

[Amendment: 2001-4, 2011-3]

The Detention Review Tribunal shall conduct judicial review of decisions concerning the detention of an illegal resident in custody, including with respect to release on bail and with respect to the continuation of detention due to a delay in the execution of a removal order.

Independence

13jc.

[Amendment: 2001-4, 2011-3]

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

13jd.

[Amendment: 2001-4, 2008-2, 2011-3]

(a)A person held in detention shall be brought before the Detention Review Tribunal as soon as possible and no later than the expiry of 96 hours from the commencement of their detention, unless they were brought before the Detention Review Tribunal earlier as a result of an application under Section 13יז.

(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 illegal resident who has been returned to detention pursuant to Section 13ז shall be brought before the Detention Review Tribunal as soon as possible and no later than 72 hours after their return to detention.

(c)If 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, 1948, the detainee shall be brought before the Detention Review Tribunal before the day of rest.

(d)If the person held in detention has not been brought before the Detention Review Tribunal within the prescribed period, the Border Control Supervisor shall order their release from detention.

Powers of the Detention Review Tribunal

13if.

[Amendment: 2001-4, 2011-3]

(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 set or within a period of time it has set, 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 person held in detention, if it is satisfied that the conditions for release on bail under Section 13f have been met, and subject to the limitations prescribed therein;

(3)direct the release on bail of the person held in detention upon the expiry of a period of time it has set, if such person has not been removed from Israel prior thereto, if it is satisfied that the removal of the person held in detention from Israel is being delayed without reasonable justification despite full cooperation on his part, and that the removal order can be executed within the period of time it has set, provided that the person held in detention shall not be released if his release would endanger State security, public safety, or public health;

(4)direct the modification of bail conditions set pursuant to Section 13f(c), as well as the forfeiture of a bond due to a breach of 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)The decision of the Detention Review Tribunal shall include the principal arguments of the parties, shall be reasoned and in writing, and shall be delivered to the unlawful resident on the spot, to the extent possible; should the Detention Review Tribunal find that further clarification is necessary, it shall direct that the person held in detention be brought before it at a date to be determined by it.

Reconsideration

13ig.

[Amendment: 2001-4, 2011-3]

The Border Control Supervisor may apply to the Detention Review Tribunal with a request to order the return to detention of an illegal resident who was released on bail pursuant to a decision of the Detention Review Tribunal, or the imposition of additional or different conditions of release, if new facts have come to light or if circumstances have changed since the date of the Detention Review Tribunal's decision; nothing in this provision shall derogate from the powers of the Border Control Supervisor under Section 13ז.

Application to the Detention Review Tribunal at Any Time

13jg.

[Amendment: 2001-4, 2011-3]

(a)A person held in detention may, on their own initiative, apply to the Detention Review Tribunal at any time with a request for examination of their case, and they may also apply to the Detention Review Tribunal for 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 with a request for a variation of the bail conditions set pursuant to Section 13ו(c).

Place of Hearing

13jh.

[Amendment: 2001-4, 2011-3]

The Detention Review Tribunal shall conduct its hearings at the detention facility in which the detainee is held, and it may conduct a hearing at another location if it deems it appropriate to do so in the interests of justice or in the interests of procedural efficiency.

Procedure, Evidence, and Ancillary Powers

13ji.

[Amendment: 2001-4, 2011-3]

(a)The Detention Review Tribunal shall determine its working procedures and hearing procedures to the extent that these have not been prescribed under this Law.

(b)The Detention Review Tribunal shall not be bound by the laws of evidence, and it may, inter alia, examine evidentiary material whose disclosure may prejudice State security or public order, not in the presence of the person held in detention and their legal representative, and the provisions of Sections 44 to 46 of the Evidence Ordinance [New Version], 1971, shall not apply.

(c)[(Annulled).]

Presence at Hearing

13k.

[Amendment: 2001-4, 2011-3]

An illegal resident held in detention or released on bail is entitled to be present at any proceeding concerning their matter before the Detention Review Tribunal, subject to the provisions of Section 13יט(b), unless they cannot be located despite reasonable efforts, and they are also entitled to be represented without charge by a representative who is not an advocate.

Award of Costs

13k1.

[Amendment: 2012-3]

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

Application of Provisions

13k2.

(a)The provisions under the Administrative Tribunals Law, 1992 (in this Section – the Administrative Tribunals Law), except for those under Sections 16, 17, 21, 22, 37 to 39, 41, 45 and 54, shall apply to the Tribunal, with the necessary modifications and with the modifications set out under this Chapter.

(b)Notwithstanding the provisions of Section 28(d) and (e) of the Administrative Tribunals Law, the Administrative Affairs Court within whose jurisdiction the seat of the Detention Review Tribunal is located shall be the competent court to hear appeals against decisions of the Tribunal under Section 28(d) of that Law, and to grant approvals of decisions of the Tribunal under Section 28(e) of that Law.

(c)Notwithstanding the provisions of Sections 11(a) and 12(a) of the Administrative Tribunals Law, in determining the jurisdiction area and the 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).

13k3.

[Amendment: KT 2020]

[(Lapsed).]

Appeal and Administrative Petition

13ka.

[Amendment: 2005-3, 2011-3, 2023-2]

(a)A decision of the Detention Review Tribunal is subject to appeal before an Administrative Affairs Court.

(b)If a petition has been filed with an Administrative Affairs Court against a decision under this Chapter concerning removal, except in the cases enumerated in the Second Schedule, and at that same time an administrative appeal against a decision of the Detention Review Tribunal under this Division concerning detention or release on bail is pending, the court shall adjudicate, within the framework of the petition, also 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 on the matter of detention or release on bail, they shall include those matters as well within the framework of the petition.

(b1)If an administrative appeal has been filed against a decision of the Appeals Tribunal pursuant to Section 13לא(a), and at that same time an administrative appeal against a decision of the Detention Review Tribunal filed pursuant to subsection (a), arising from the same circumstances, is pending, or if an administrative appeal has been filed against a decision of the Detention Review Tribunal pursuant to subsection (a), and at that same time an administrative appeal against a decision of the Appeals Tribunal filed pursuant to Section 13לא(a), arising from the same circumstances, is pending, the Administrative Affairs Court shall hear the appeals jointly, within the framework of the appeal against the decision of the Appeals Tribunal.

(c)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 not derogate from the powers of the Detention Review Tribunal under this Division; however, in any matter decided by the court within the framework of the appeal or the petition, the Detention Review Tribunal shall not deal with that matter again unless it is satisfied that a change of circumstances has occurred that formed the basis for the court's decision.

Regulations Concerning the Detention Review Tribunal

13ka1.

[Amendment: 2012-3]

The Minister of Justice is responsible for the implementation of this Division, and may, in consultation with the Minister of the Interior, prescribe regulations concerning procedural rules before the Tribunal and concerning administrative procedures at the registry of the Tribunal.

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Chapter IV1: Appeals Tribunal

Definitions

13kb.

[Amendment: 2011-3, 2023-2]

In this Chapter –

"Appeals Tribunal" – the tribunal established pursuant to Section 13כג;

"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

13kc.

[Amendment: 2011-3, 2023-2]

(a)The Minister of Justice shall appoint one or more tribunals, each consisting of a single adjudicator, to hear appeals against decisions 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, as 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 serve as chairperson;

(2)a State employee who is a jurist well-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 the public to be appointed by the Civil Service Commissioner.

(c)Eligible for appointment to the Appeals Tribunal is a retired judge or a person qualified for appointment as a judge of a Magistrate's Court, who is well-versed in the laws of entry into and departure from Israel and in the laws of citizenship.

(d)The term of office of the Appeals Tribunal shall be five years, and the Minister of Justice may, upon the recommendation of the committee referred to in subsection (b), reappoint the tribunal for one additional term of office.

Appeal

13kd.

[Amendment: 2011-3]

(a)A person who considers himself aggrieved by a decision of an authority in his matter may submit an appeal against the decision to the Appeals Tribunal (in this Chapter – appeal).

(b)An appeal shall be submitted in writing, within 30 days from the date on which the decision in the matter of the person submitting 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 thereof, whichever is earliest.

(c)

(1)Where an appeal has been submitted to the Appeals Tribunal against a decision of an authority, the Appeals Tribunal may, within the framework of the appeal, also address the matter of detention or release on bail.

(2)A decision of the Appeals Tribunal pursuant to this subsection shall not derogate from the jurisdiction of the Detention Review Tribunal under Division B of Chapter IV; however, any matter decided by the Appeals Tribunal within the framework of the appeal shall not be considered by the Detention Review Tribunal, unless it finds that there has been a change in the circumstances that formed the basis of the Appeals Tribunal's decision.

(3)Should the Appeals Tribunal decide to release the appellant from detention, it may order that a temporary license as referred to in Section 2(a)(5) be granted to the appellant, until its determination of the appeal.

Application of Provisions

13ke.

The provisions under the Administrative Tribunals Law, except for those under 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 under this Chapter.

Pleadings before the Appeals Tribunal

13kf.

[Amendment: 2011-3]

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

13kf1.

[Amendment: Regulations 2020]

[(Lapsed).]

Grounds, Powers and Remedies

13kg.

[Amendment: 2011-3]

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

Submission of Documents to the Appeals Tribunal and the Appellant's Right of Inspection

13kh.

[Amendment: 2011-3]

(a)The Appeals Tribunal hearing an appeal may, on its own initiative or at the request of the appellant, if it has found that it requires such documents for the purpose of determining the appeal, order the authority to submit to it the documents in its possession that relate to the decision in respect of which the appeal was filed.

(b)The appellant is entitled to inspect the documents submitted to the tribunal pursuant to the provisions of sub-section (a), unless the authority has requested that the appellant be precluded from inspecting the documents, in whole or in part, in 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 sub-section (b), the tribunal may permit him to inspect the documents, as it shall determine, if in its opinion the need for inspection for the purpose of doing justice outweighs the ground for withholding inspection.

(d)Notwithstanding the provisions of sub-sections (a) to (c), if the documents that the authority was required to present before the Appeals Tribunal pursuant to the provisions of sub-section (a) include information which, in the authority's opinion, should not be disclosed to the appellant on 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 governed by the procedure set out in Section 13כט.

Presentation of Classified Information

13ki.

[Amendment: 2011-3]

(a)The authority may request the Appeals Tribunal to present classified information before it, even without the presence of the appellant and his representative and without disclosing its contents to them; having made such a request, it shall notify the appellant or his representative accordingly.

(b)The Appeals Tribunal may inspect classified information in respect of which a request as referred to in sub-section (a) has been submitted, for the purpose of deciding on the request, and may receive additional particulars from the authority regarding the information, without the presence of the appellant and his representative.

(c)If the Appeals Tribunal has found 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 proceedings in the appellant's matter without the presence 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 the request under this Section, and may determine that the reasons for the decision, in whole or in part, shall be classified.

(e)If 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 instruct the authority to transfer to the appellant or his representative particulars or a summary of the classified information, 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

13l.

[Amendment: 2011-3]

The Appeals Tribunal shall not be required to address 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 the appeal was determined; 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 on the same matter.

Administrative Appeal

13la.

[Amendment: 2011-3]

(a)A final decision of the Appeals Tribunal is appealable as of right before an Administrative Affairs Court; an appeal pursuant to this subsection shall be submitted within 45 days from the date on which the decision of the Appeals Tribunal was rendered, if rendered in the presence of the appellant, and if not rendered in the appellant's presence – from the date on which it was served upon the appellant.

(b)Any other decision of the Appeals Tribunal is appealable before an Administrative Affairs Court, if leave to appeal is granted by a judge of an Administrative Affairs Court; for this purpose, "any other decision" means a decision concerning a stay of execution pursuant to Section 33 of the Administrative Tribunals Law, as well as a decision on the matter of subject-matter jurisdiction.

(c)

(1)Where a petition has been submitted to 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 submitted 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 submitted an administrative appeal against the decision of the Appeals Tribunal pursuant to the provisions of subsection (a), the petitioner shall include his arguments within the framework of the petition before the Administrative Affairs Court.

(2)The provisions of Section 13כא(b1) shall apply to the submission of an appeal pursuant to the provisions of subsection (a) in a case where an appeal submitted pursuant to Section 13כא(a) is pending, and to the submission of an appeal pursuant to Section 13כא(a) in a case where an appeal submitted pursuant to subsection (a) is pending.

Appeal by the Attorney General on a Decision Concerning Classified Information

13lb.

[Amendment: 2011-3]

(a)

(1)Notwithstanding the provisions of Section 13לא, the Attorney General may appeal as of right before an Administrative Affairs Court against a decision of the Appeals Tribunal on the matter of classified information.

(2)Where the representative of the Attorney General has notified the Appeals Tribunal that he is considering submitting an appeal to the Administrative Affairs Court as referred to in paragraph (1), the Appeals Tribunal shall not transmit the information to the appellant until the appeal has been determined, provided that the appeal is submitted within 15 days from the date on which the representative gave such notice.

(b)

(1)Where an appeal against a decision of the Appeals Tribunal to disclose classified information, submitted pursuant to the provisions of subsection (a), has been dismissed, the representative of the Attorney General may appeal against such dismissal, within 15 days from the date on which the decision to dismiss the appeal was served upon 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 submitting an appeal to the Supreme Court as referred to in paragraph (1), neither the Appeals Tribunal nor the Administrative Affairs Court shall transmit the information to the appellant until the appeal has been determined.

(c)Where the representative of the Attorney General has given notice as referred to in subsections (a)(2) or (b)(2) and has subsequently decided not to submit an appeal as referred to in those subsections, he shall notify the Appeals Tribunal or the Administrative Affairs Court, as applicable, to which the notice 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 determining the appeal and may receive additional particulars from the representative of the Attorney General regarding the information, not in the presence of the appellant and the appellant's representative.

(e)Should the Administrative Affairs Court, within the framework of an appeal pursuant to Section 13לא(a), decide to disclose classified information to the appellant or to the appellant's representative, the representative of the Attorney General may appeal against such decision to the Supreme Court, and the provisions of subsections (b) through (d) shall apply to such appeal, mutatis mutandis.

Non-Reliance on Classified Information

13lc.

[Amendment: 2011-3]

Where the Appeals Tribunal has decided to disclose classified information to the appellant or his representative, or where 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 was the subject of the appeal may request the Appeals Tribunal not to take the said information into account for the purpose of deciding the appellant's matter; where the representative of the Attorney General or the authority has made such a request, the tribunal shall not take the said information into account, and the information shall not be transferred to the appellant.

Regulations Concerning Internal Matters

13ld.

(a)The Minister of Justice is responsible for the implementation of this Chapter, and may, in consultation with the Minister of Interior, promulgate Regulations on the following matters:

(1)rules of procedure and rules of evidence before the Appeals Tribunal, including the manner of submitting an appeal;

(2)provisions regarding the transfer of proceedings in an appeal to which the provisions of Section 13לג apply, for hearing before a different panel of the Appeals Tribunal from the one that heard the application pursuant to Section 13כט, to the extent possible;

(3)administrative procedures of the Appeals Tribunal;

(4)the determination of rates or maximum rates of costs and fees, for parties or witnesses;

(5)fees for the submission of proceedings to 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 promulgated with the approval of the Interior Affairs and Environmental Protection Committee of the Knesset.

Amendment

13le.

The Minister of Justice, in consultation with the Minister of 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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