The Asylum Process in Israel: The Stages, the RSD Interview and the Appeal

Who may apply for asylum under Procedure 5.2.0012, how to prepare for the RSD interview, the Advisory Committee's role, and what to do after a rejection.

Written by Attorney Idan Moldavski — law office in Tel Aviv. ·

Who May Apply for Asylum in Israel — and the One-Year Rule

This guide is for anyone considering filing an application for political asylum in Israel, and for anyone who has already filed one and is waiting for an interview or a decision. It goes through the process in order and dwells in particular on the RSD interview — the stage at which most of the case is, in practice, decided.

A refugee, under the 1951 Refugee Convention and its 1967 Protocol, is a person who is outside the country of their nationality owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, and who is unable or unwilling to avail themselves of the protection of that country. The burden of proving this rests on the applicant. The process in Israel is governed by Procedure 5.2.0012 (the Procedure for Handling Applicants for Political Asylum in Israel and Persons Recognized as Entitled to Political Asylum in Israel by the Minister of the Interior), edition 11 of 15 Oct 2024. Under the Procedure, a person who has filed an application will not be removed from Israel before the final administrative decision in their case.

The one-year rule: under clause 1(א) of the Procedure, the application must be filed within a year of entering Israel. An application first filed after a year will be rejected at the threshold stage (clause 4(א)), unless the applicant presented special reasons for the delay at the interview and the application raises substantiated claims or a suspicion of a well-founded fear; in that case the unit's team leader may accept it for handling. The longer the time that has passed, the greater the burden of explaining the delay.

Filing the Application, Registration and Identification

The application is filed through an online form on the website of the Population and Immigration Authority, together with all supporting documents (clause 1(א)). Evidence and documents exceeding ten pages, in a language other than Hebrew, English or Arabic, must be submitted with a certified translation (clause 1(ד)).

An acknowledgment of receipt sent by email is not yet a filing. The application is opened only after registration and identification before a border control officer, on the date set in the notice: the applicant is photographed, biometric identifiers are taken, and an address and contact details are recorded, which must be updated immediately upon any change (clause 2(א)). Anyone who fails to appear has their application closed, and to reopen it must explain to the unit why they did not attend. An applicant who is represented must file an up-to-date power of attorney with the unit as soon as the representation begins. Doubt about identity or nationality is resolved by the unit's team leader, but a lack of documentation, in itself, is not grounds for a threshold rejection (clause 2(ג)).

Residency Permit While the Application Is Being Examined

An asylum seeker who does not hold a valid residency permit receives a residency permit under section 2(a)(5) of the Entry into Israel Law, 5712-1952 — a temporary stay permit — which is extended from time to time until a decision is made, so long as the applicant cooperates with the examination of their case. During the first period the permit bears a notation that the applicant is not permitted to work: three months from the date the application was filed for someone who had been in Israel less than a year when they filed it, and six months for someone who had been there more than a year (clauses 1(ו) and 1(ה)). If that period has passed and no decision has yet been given, the permit is issued without the notation. Work rights are addressed in a separate guide.

The RSD Interview: What It Covers and How It Is Conducted

After registration, an RSD interview (Refugee Status Determination) is held — an in-depth interview to clarify the asylum claims. The invitation is sent to the applicant and to their counsel. Anyone who does not attend has their application closed, unless they present justified reasons within two weeks of the scheduled date (clause 3(ג)).

The interviewer is an employee of the unit for handling asylum seekers who has undergone RSD training. The interview is conducted in the official language of the country of origin that the applicant speaks, or in any other language they understand, and where necessary through an interpreter — an employee of the unit or an employee of a translation company engaged by the Authority (clause 3(ה)). The interview is documented in a written protocol as well as in an audio and video recording. At its conclusion the applicant is asked to confirm in writing that they understood its content, and the interpreter confirms that the interview was conducted in a language the applicant understands (clause 3(א)). The interview is conducted under conditions of confidentiality and privacy (clause 3(ד)).

An interviewer and interpreter of the same sex as the applicant may be requested, and the Authority will act on this so far as staffing allows (clauses 1.1 and 3(ז)). The interview is conducted separately from the applicant's spouse and family members. Anyone who has suffered torture, severe violence or trauma is entitled to an interview conducted with special sensitivity, and if they find it difficult to continue, the interviewer may allow the interview to be completed on another date (clause 1(ג.1)).

What is asked? The Appeals Tribunal's decisions show that the interview generally covers personal, family and employment background; the issuance of the passport and departure from the country; the events themselves — who caused harm or made threats, when, and why; approaching the authorities for protection and the possibility of relocating to another area within the country; and the reason for arriving in Israel and the timing of filing the application. The applicant is asked to present evidence, and is sometimes confronted with gaps between the form and their account.

Preparing for the Interview — and What to Do If the Protocol Is Wrong

Consistency begins with the form. The Tribunal expects the material facts to already appear in the application form. There is ample opportunity to elaborate at the interview, but omitting from the form a fact at the heart of the claim — for example, membership in the organization on account of which the persecution is alleged — is not "a trivial matter" (Appeal (Jerusalem) 1802-24 (13 Apr 2026)). So re-read the form before the interview, and if it contains an error, say so at the start of the interview and explain it.

Bring to the interview every relevant document — passport, membership card, police complaint, medical records, photographs and correspondence — with translation where needed. A document presented for the first time only at the appeal stage, without an explanation for the delay, may be given little weight. Recount the central events immediately and in chronological order; a dramatic event that surfaces only at the end of the interview raises credibility questions. If you do not understand the interpreter, say so at once and ask that it be recorded, and do not confirm at the end that you understood something you did not.

A lawyer may be present at the interview but may comment only before it begins or at its conclusion, not during it; so far as possible they will be given 48 hours' notice (clause 3(ו)). So most of the lawyer's work is done in advance: going over the form, gathering and translating documents, and preparing for the hard questions — delay in leaving the country, departure on a personal passport, approaching the authorities, and an internal relocation alternative. At the end of the interview the lawyer may comment on translation problems or on points that were not clarified; in Appeal (Jerusalem) 2583-25 (18 Feb 2026) the applicant's counsel, at the end of the interview, noted defects in the translation, and a further interview was later held for him.

With the decision you are entitled to receive the documents that were before the decision-maker, including the interview protocol, except for documents that may not be disclosed under section 9 of the Freedom of Information Law (clause 8(ב)). If the protocol is wrong, the claim needs to be concrete: which question, what was recorded, and what was actually said. The interview is recorded, so it is possible to request the recording and check it before raising the claim on appeal.

After the Interview: Tracks for Examination, the Advisory Committee and the Decision

At the end of the interview, if the application was not rejected at the threshold stage, an employee of the unit decides which track to route it to (clause 5(א)). A threshold rejection (clause 4) applies, for example, to an application filed after a year without special reasons, or to an application that, even if all its facts were proven, would not establish a claim under the Convention. An accelerated procedure (clause 5.1) applies to nationals of a country regarding which there is a professional opinion that there is no impediment to safely returning them there, and regarding which the Authority's director general has decided to apply the track — unless the applicant has raised unique personal circumstances. Under the summary procedure (clause 6), when the applicant is found not to be credible or the fear is not found to be well-founded, the case is passed to the chair of the Advisory Committee, generally within two weeks of the interview, and their recommendation is forwarded for a decision by the Authority's director general.

Under any track, two further questions are also examined: where the harm comes from a source other than the state, the applicant is expected to show that they tried to obtain protection from the authorities of their own country; and it is examined whether they could have lived safely in another area of that country — an "internal relocation alternative" (Appeal (Jerusalem) 2583-25).

The Advisory Committee on Refugees is composed of a chair — a retired judge or a person qualified to serve as a judge of a district court — and representatives of the Ministry of Justice, the Ministry of Foreign Affairs, and the Population and Immigration Authority. Before a plenary discussion, its members receive the applicant's file, including the documents and arguments the applicant asked to be forwarded, the interview protocols, and the unit's opinion (clause 7(א)). The recommendation is forwarded to the Minister of the Interior, who decides whether to recognize the applicant as a refugee (clause 7(ד)–(ה)). A person who is recognized receives an A/5 residency permit — a temporary resident permit — for one year (clause 7(ז)). Important to know: the mere referral of the file to the Committee does not indicate that the claims were found credible (Appeal (Jerusalem) 1802-24).

The decision is given in writing and reasoned, and, where there is representation, also to the lawyer; the count of days for an appeal begins from the earlier of the two deliveries (clause 8(א)). For someone who is not in detention, a threshold rejection and an accelerated-procedure decision set a departure date of 7 days, and decisions under clauses 6 and 7 set 30 days (clause 8(ג)). Someone held in detention will not be removed before 72 hours have passed since the decision was delivered, except by decision of the Authority's director general (clause 8(ד)).

The Application Was Rejected: Appeal, Further Appeal and Reopening

Since edition 11 of the Procedure (15 Oct 2024) there is no longer an application for reconsideration. Under clause 14(ב), a person whose application has been rejected files an appeal with the Appeals Tribunal — the first judicial forum that examines the decision.

The appeal is filed in writing within 30 days of the date the decision was lawfully published, the date notice of it was received, or the date it became known — whichever is earlier (section 13כד(ב) of the Entry into Israel Law). An extension of time is granted only for special reasons, on a written application accompanied by an affidavit (regulation 6 of the Entry into Israel Regulations (Rules of Procedure and Administration in the Tribunal for Appeals), 5774-2014). The Procedure's protection against removal applies until the final administrative decision, so alongside the appeal an order barring enforcement measures until the appeal is decided is usually also sought.

The Tribunal's judgment may be appealed to the District Court sitting as the Court for Administrative Affairs, within 45 days (section 13לא(א) of the Law), and from there — only by leave — to the Supreme Court (an application for leave for an administrative appeal, Bar'am).

And what if, after the rejection, circumstances change materially or new facts come to light? A new online form cannot be filed (clause 1(א)). The approach is made directly to the unit for handling asylum seekers, with the evidence of the change. A separate guide on the website is devoted to this topic.

What the Case Law Shows

In Appeal (Jerusalem) 1802-24 (13 Apr 2026) an applicant claimed to have been a regional leader of a political organization, but did not present any document at the interview, even though he was expressly asked about it; a copy of a membership card and photographs were presented for the first time only on appeal, without explanation. The Tribunal gave substantial weight to the credibility assessment of the Authority's professional staff, found that activity on the scale alleged would be expected to leave evidentiary traces, and added that the burning of the family home was mentioned only toward the end of the interview, even though the applicant had earlier been asked about his family. The appeal was dismissed. The lesson: gather evidence before the interview, and present the central facts already in the form and at the start of the interview.

In Appeal (Tel Aviv) 2458-26 (11 Jun 2026) the applicant raised claims against the language of the interview. The Tribunal rejected the claim: at the start of the interview he was asked whether he understood the translation and answered that he did, and the interview is recorded on audio and video; since no support was brought for the claim, it is presumed that the interview and translation were conducted lawfully. The Tribunal referred to the District Court's case law, according to which the applicant's counsel can request the recording and examine it before raising such claims. The lesson: object in real time, and base the claim on the recording.

In Appeal (Tel Aviv) 1104-26 (27 Aug 2026) the Tribunal considered an application filed more than a year after entry into Israel, by someone who remained in Israel after his permit had expired. The Tribunal upheld the threshold rejection under clause 4(א), rejected the claim that the applicant did not know of the possibility of filing an application, and noted that someone who fears for their life is expected to regularize their status at the first opportunity. The lesson: file early, and if there is a delay, explain it concretely at the interview.

In Appeal (Jerusalem) 3649-24 (26 Nov 2024) an applicant claimed that his application had been wrongly rejected under the summary procedure, when his case should have been brought before the Committee's plenum. The Tribunal noted that under both tracks the recommendation is formed after a comprehensive interview, at which the applicant can present all their documents and arguments, and therefore the interview "is the heart of the asylum application process"; and that a threshold rejection should be used sparingly and only in exceptional cases. The appeal was dismissed, since it was found that a comprehensive interview and an individual opinion had been prepared. The lesson: it is not the track that is decisive, but what was said and presented at the interview.

How Our Office Can Help

Our office accompanies asylum seekers through every stage of the process: preparing the form and documents, preparing for the RSD interview and attending it, requesting the protocol and recording after the decision, and representation on appeal, in an application for an order against removal, and on further appeal. We work in Hebrew, English and Russian. We do not promise a result, but we make sure the case is presented in full and on time.

Frequently Asked Questions

More than a year has passed since I entered Israel. Can I still apply for asylum?

You can still apply, but under clause 4(א) of Procedure 5.2.0012 an application first filed after a year will be rejected at the threshold stage unless you present special reasons for the delay at the interview and the application raises substantiated claims. The longer the time that has passed, the greater the burden of explaining the delay. The Appeals Tribunal rejected a claim by an applicant who said he did not know of the possibility of filing an application (Appeal (Tel Aviv) 1104-26). So it is best to file as early as possible, and if there is a delay, to prepare a concrete, documented explanation.

In what language is the RSD interview conducted?

In the official language of the country of origin that you speak, or in any other language you understand, and where necessary through an interpreter (clause 3(ה) of the Procedure). An interviewer and interpreter of the same sex as you may be requested, and the Authority will act on this so far as possible. The interview is recorded and documented in a protocol. If you do not understand the interpreter, say so at once and ask that it be recorded.

Can a lawyer be present at the interview?

Yes. Clause 3(ו) of the Procedure permits the presence of the representing lawyer, but they may comment only before the interview or at its conclusion, not during it. If a power of attorney has been filed, notice of the interview will be given to the lawyer, so far as possible, 48 hours in advance. That said, their presence will not be allowed if it would cause an unreasonable postponement or delay of the interview.

What happens if I leave Israel while my application is being examined?

Under clause 1(א) of the Procedure, an asylum seeker who leaves the country after their application has been opened is treated as having abandoned it, and the file is closed. In addition, someone whose application was rejected or closed cannot submit the online form again. So before any trip abroad, it is worth consulting a lawyer.

My application was rejected. Can I ask for reconsideration?

No. Since edition 11 of Procedure 5.2.0012 (15 Oct 2024), applications for reconsideration are no longer accepted (clause 14(ב)); the route is an appeal to the Appeals Tribunal within 30 days (section 13כד(ב) of the Entry into Israel Law). If, after the rejection, circumstances change materially or new facts come to light, you can approach the unit for handling asylum seekers with the evidence of the change. Do not wait: the time limit for an appeal is short.

Read more about this practice area — Asylum & Refugees

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