Your asylum request was rejected? Guide to appeal procedures, administrative petition to Court for Administrative Matters, critical deadlines, and proper procedures.
Receiving a rejection letter on an asylum application is a difficult moment for anyone who turned to Israeli authorities seeking protection. It is important to understand that rejection of the request is not necessarily the end of the road — there are legal and administrative proceedings that can be undertaken to seek re-examination of the decision. Our office assists individuals grappling with asylum request rejection and explains in this article, in general terms, how the procedure is structured, what steps are possible after rejection, and why it is important to act promptly and without delay.
Processing of asylum applications in Israel is conducted by the Population and Immigration Authority, through a dedicated unit dealing with determination of refugee status (RSD — Refugee Status Determination). This process is governed by the Procedure for Handling Asylum Seekers in Israel (Procedure No. 5.2.0012) published on the official website of the Ministry of the Interior.
In general, the process includes the following stages: • Filing an online application form, including personal details and a detailed description of the circumstances of the application. • Receipt of confirmation notice of filing of the form — however, it is important to know that this notice alone does not constitute confirmation of completion of filing the asylum application. • Physical appearance of the applicant and accompanying family members, in accordance with an invitation received, for the purpose of investigating personal details before a border control officer. • An in-depth interview in which the applicant's claims regarding fear of persecution in the country of origin are examined. • Factual investigation of the claims and internal discussion before a decision is made regarding the applicant.
It is important to note that the length of processing of asylum applications in Israel is subject to public oversight. A State Comptroller report that dealt with the issue indicated significant delays in processing applications, including cases of prolonged waiting for a decision. This fact reinforces the importance of professional assistance throughout the process.
When an asylum application is rejected, the applicant receives written notice of this. The rejection letter may include, among other things, the reasons for the decision, the applicant's temporary status pending completion of proceedings, and the options available to him for further processing of his matter. It is important to read the letter carefully, because sometimes it also includes notes about deadlines for action. Bring the full letter for examination by counsel specializing in the field as soon as possible in order to examine the possible courses of action and the relevant deadlines.
A final decision rejecting an asylum application may be appealed to the Appeals Tribunal within 30 days from the date the decision was delivered, and the Tribunal's judgment may be challenged by an administrative appeal to the District Court sitting as a Court for Administrative Affairs. The Appeals Tribunal operates under the Entry into Israel Law, 5712-1952 (established by Amendment No. 22 to the Law of 2011, and began operating in June 2014 when the Rules of Procedure of the Appeals Tribunals entered into force), and hears appeals against decisions of the Population and Immigration Authority regarding entry, stay, and removal from Israel.
Where the administrative review procedures have been exhausted, or where an appeal procedure is not available, the person injured by the decision has the option to file an administrative petition to the District Court, sitting as a Court for Administrative Matters. This court is authorized to examine the legality of the decision made by the authority, and in appropriate cases to reverse it or to order its re-examination.
Under Regulation 3(b) of the Administrative Courts (Procedure) Regulations, 5761-2000, the petition must be filed "without delay" and no later than 45 days from the date of receiving notice of the decision, or from the date the petitioner learned of it, whichever is earlier. Delay in filing the petition may result in its dismissal at the threshold, without the court examining the claims on the merits.
The Court for Administrative Matters does not substitute its own discretion for that of the administrative authority, but rather examines the regularity of the process and the reasonableness of the decision. Among the recognized grounds in Israeli administrative law for judicial review of an authority's decision are:
• Exceeding authority or acting without authority by law. • Procedural defect, including harm to the petitioner's right to hearing. • Extraneous considerations not relevant to the decision. • Extreme lack of reasonableness in the decision reached. • Lack of proportionality between the measure taken and the purpose for which it was applied.
The claim that a decision is not reasonable, for example, does not constitute grounds for intervention in every case where the court would have reached a different decision — only when the decision goes to an extreme beyond the range of reasonableness. Therefore, drafting of legal claims requires deep familiarity with administrative law and with the factual circumstances of the case.
At every stage of the proceeding — whether it is petitioning for re-examination of the decision or filing an administrative petition to the court — strict deadlines apply. Delay, even a short one, may result in the proceeding being dismissed at the threshold for procedural reasons alone, without examination of the petitioner's claims on the merits. Therefore, it is recommended to seek legal advice immediately upon receiving the rejection letter, and not to wait until close to the final possible deadline for action.
Idan Moldavski Law Office assists individuals in proceedings related to rejection of asylum applications, including examination of the rejection letter received, examination of the options available to the petitioner in his particular circumstances, and assistance in filing appeal or administrative petition procedures as applicable. We explain to each petitioner the structure of the proceeding, the applicable deadlines, and the required documents, while adapting the legal assistance to the personal circumstances of each case.
For any question or need for legal assistance in a proceeding related to rejection of an asylum application, you are invited to contact our office through WhatsApp or the contact form on the website for examination of your specific circumstances and receipt of individually tailored advice.
Read the letter carefully, keep a copy of it, and seek legal advice as soon as possible. It is important to check if deadlines for action are mentioned in the letter, as delay may harm the ability to continue and act on the matter. Do not wait — early consultation makes it possible to examine all the options available to you in time.
Yes. A final decision rejecting an asylum application may be appealed to the Appeals Tribunal within 30 days from the date the decision was delivered, and the Tribunal's judgment may be challenged by an administrative appeal to the District Court sitting as a Court for Administrative Affairs. It is recommended to contact counsel immediately upon receiving the decision in order to meet the deadlines.
An administrative petition is a petition to the District Court, sitting as a Court for Administrative Matters, for judicial review of a decision by an administrative authority. Under the regulations, it must be filed without delay and no later than 45 days from the date of receipt of notice of the decision or from the date the petitioner learned of it, whichever is earlier.
An administrative petition by itself does not automatically stop any proceeding. In appropriate cases, you may request from the court temporary relief or an interim order that would postpone certain actions pending resolution of the petition, but this is a judicial decision subject to the court's discretion based on the circumstances of the particular case.
Delay in the deadline may result in dismissal of the proceeding at the threshold, without examination of your claims on the merits at all, unless the court is persuaded that there was special cause for the delay. This is why it is very important to seek legal advice immediately upon receipt of a rejection decision.