Belarusian Nationals and Asylum Applications in Israel — What Is Reviewed and What Has Changed?

How Israel reviews asylum applications from Belarusians who joined the 2020 protests, why many are denied, what changed in 2026, and how to prepare.

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

Belarusian Nationals Afraid to Return: Who This Guide Is For

This guide is for Belarusian nationals staying in Israel who are afraid to return home because of their opposition to the government: those who took part in protests, were arrested, were fined, or fear prosecution. As the Appeals Tribunal for immigration matters described in a December 2020 decision, the August 2020 presidential election led to mass protests over alleged vote-rigging, and the government responded harshly, including widespread violence and arrests (Appeal (Jerusalem) 2252-20 (27 Dec 2020)). In many of the cases that reached the tribunals, applicants entered Israel as tourists and later filed an asylum application.

We explain how such applications are reviewed, why many are denied, what changed in 2026, and how to prepare properly.

Important to know: a person entitled to immigrate under the Law of Return, 5710-1950, does not need to apply for asylum. Such a person applies for oleh (immigrant) status, and one already in Israel as a tourist applies under Procedure 5.2.0001 (Application to Change Status from Tourist to Oleh). This is a separate track with its own rules (see, for example, Adm. Petition (Jerusalem) 17148-01-25 (11 Jul 2025), which concerned a Belarusian national who sought oleh status).

The Legal Framework: the Refugee Convention and Procedure 5.2.0012

Israel is a party to the 1951 Refugee Convention. A refugee is someone outside their country of nationality owing to a well-founded fear of persecution on one of five grounds: race, religion, nationality, membership of a particular social group, or political opinion. Opposition to the government is usually examined under the last of these grounds. The fear must be both personal and grounded in an objective situation. The burden of proving this rests on the applicant (Appeal (Jerusalem) 4309-22 (29 Dec 2022)).

Handling of applications is governed by Procedure 5.2.0012 (Procedure for the Treatment of Asylum Seekers in Israel and Persons Recognized by the Minister of Interior as Eligible for Political Asylum in Israel), edition 11 of 15 Oct 2024. Under clause 1.א of the Procedure, the application is submitted through an online form within one year of entering Israel. The Asylum Claims Unit (the RSD Unit) conducts an interview, which is recorded in writing and on tape (clause 3.א). The application is then either rejected outright, examined under a summary procedure by the chair of the Advisory Committee for Refugee Affairs, or brought before the full Committee, which makes a recommendation to the Minister of Interior (clauses 4, 6 and 7). A person recognized as a refugee receives an A/5 permit — that is, a temporary-resident permit — for one year (clause 7.ז).

While waiting, the applicant receives a residency permit under section 2(א)(5) of the Entry into Israel Law, 5712-1952 — a temporary stay permit. As a rule, work is prohibited during the first few months: three or six months, depending on how long the applicant was in Israel before filing the application (clauses 1.ה and 1.ו of the Procedure).

What Is Examined: the Applicant's Personal Profile, Not Just the General Situation

The central question is not whether the situation in Belarus is difficult, but whether the applicant personally is at risk of persecution. The Tribunal has held, for example, that where it was not shown that the applicant had voiced protest in her home country, the general situation cannot simply be projected onto her personal circumstances (Appeal (Jerusalem) 2086-22 (3 Apr 2022)).

The following details are therefore examined: whether you took part in protests as a rank-and-file participant or as an organizer; whether you were arrested, for how long, and whether proceedings were opened against you; whether you were fined; and whether you received summonses or were sought after leaving the country. In one case, the Authority and the Tribunal relied on country-information sources indicating that protesters against the regime sometimes faced brief detention or a fine and nothing more, while someone perceived as an opponent of the regime could expect delays at the border crossing. In those circumstances, an overnight detention followed by unconditional release was not enough (Appeal 4309-22).

Conversely, when the situation in the country of origin changes materially, the application must be reconsidered in light of that change. In December 2020, the Tribunal sent a Belarusian applicant's case back for an updated interview, holding that a bare finding that the change did not affect her was not sufficient (Appeal 2252-20).

The Common Reasons for Denial

Credibility. A gap between the application form and the interview undermines the applicant's account. For example, an applicant who wrote on the form that she had not been arrested but said in the interview that she had been (Appeal 4309-22), or who stated on the form that her problems began in 2022 but spoke in the interview about 2019 (Appeal 2086-22). Once contradictions surface, the applicant's burden grows heavier.

Low profile and time elapsed. Participation in mass protests, without a prominent role, without criminal proceedings, and without any subsequent harm, was not enough in the cases considered. The same is true where the events took place years before the applicant left and they continued living at home unharmed in the meantime (Appeal (Jerusalem) 1008-26 (4 Jan 2026), which concerned a Russian national).

Lawful departure. Leaving through an airport on one's own passport, without being stopped, is taken as a sign that the authorities are not looking for the applicant (Appeal 2086-22; Appeal 4309-22). Approaching the embassy of the country of origin to renew a passport can also seriously harm an application (Appeal 1008-26).

Transit countries and delay. Someone who stayed in Russia or Georgia on the way to Israel and did not seek asylum there may be seen as having chosen a country for reasons of convenience (Appeal 2086-22). An application filed more than a year after entering Israel will be rejected outright unless special reasons for the delay are shown and the application raises a well-founded fear. The longer the delay, the heavier the burden (clause 4.א of the Procedure).

Evidence and Preparing for the Interview

An asylum seeker does not need to prove the danger to a high degree of certainty, but must present some objective evidence (Appeal 2086-22). It is advisable to gather: records of arrest or detention, decisions imposing fines, summonses for questioning or to court, medical records of injury, photographs and videos from the protests, and social-media posts. Do not delete posts: in one case, the applicant explained the absence of evidence by saying she had deleted the material a few months earlier. Documents in a language other than Hebrew, English or Arabic, running to more than ten pages, must be submitted with a certified translation (clause 1.ד of the Procedure).

Tell the interviewer all the reasons for your fear. A claim raised for the first time only after a denial is usually treated as not credible, as happened to an applicant who raised a new ground after her application was denied (Appeal 4309-22). If you will need the audiovisual recording of the interview, request it early: in that same case, the Tribunal held the delay in making the request against the applicant.

And do not try to "manufacture" evidence in Israel. Activity whose entire purpose is to create a ground for asylum, such as letters of protest sent to the authorities after arrival, is examined strictly and may be regarded as bad faith (Appeal 2086-22).

What Changed in 2026

In May 2026, the Tel Aviv District Court ordered the State to grant two Belarusian asylum seekers, who had taken part in protests against the Lukashenko government, temporary-resident status pending a decision on their asylum applications, after finding that the Population and Immigration Authority had delayed handling the application for years. In August 2026, more than four years after they had filed the application, the Authority recognized them as refugees; according to the Haaretz report, this was the first time Israel had recognized Belarusian nationals as politically persecuted by the government. Our office represented the two.

What is the practical significance? An application by a Belarusian national based on political activity is examined on its own merits, according to the applicant's personal circumstances, credibility, and the evidence presented. This is not a general finding regarding all asylum seekers from Belarus. In addition, a prolonged delay in handling an application may, in appropriate circumstances, justify recourse to the courts.

After a Decision: Appeal, Further Appeal, and Deadlines

Since edition 11 of the Procedure (15 Oct 2024), there is no longer an option to request reconsideration by the Authority. A person whose application has been denied files an appeal with the Appeals Tribunal (clauses 9 and 14.ב of the Procedure). Under section 13כד(ב) of the Entry into Israel Law, the appeal must be filed within 30 days of the day you received the decision or learned of it. The appeal may be accompanied by a request for an interim order preventing removal pending the decision; the order is sometimes conditioned on posting security.

Pay attention as well to the departure date stated in the denial letter. For someone who is not in detention: 7 days for a summary denial or an expedited procedure, and 30 days for a decision of the Minister of Interior or the Authority's Director-General (clause 8.ג of the Procedure).

An administrative appeal against the Appeals Tribunal's decision may be filed with the District Court within 45 days (section 13לא(א) of the Law). Care must be taken to post security for costs: a Belarusian national's appeal was struck out because security was not posted (Adm. Appeal (Jerusalem) 21416-01-23 (22 Feb 2023)). New facts arising after the denial are brought before the Asylum Claims Unit, not by way of reconsideration.

What the Case Law Shows

In Appeal (Jerusalem) 2252-20 (27 Dec 2020), a Belarusian applicant alleged activity against the government in 2010, and her application was denied in May 2020. After the August 2020 election, the Tribunal proposed that the Authority reconsider her case, and the State replied that the changes did not affect her. The Tribunal set aside the decision and ordered an updated interview and a new decision addressing the new situation. The lesson: a material change in the country of origin requires an updated, reasoned review.

In Appeal (Jerusalem) 2086-22 (3 Apr 2022), a Belarusian applicant filed for asylum after being refused entry to Israel at the airport. The Tribunal found contradictions in her account, a lack of evidence, lawful departure, and a stay in Russia and Georgia without seeking asylum there. Letters of protest sent to the Belarusian authorities after she arrived in Israel were regarded as an attempt to manufacture a ground for asylum. The appeal was denied.

Appeal (Jerusalem) 4309-22 (29 Dec 2022) concerned a Belarusian applicant who was detained for one night after a protest in December 2019 and released unconditionally. The Tribunal held that this did not amount to a well-founded fear, and that a new ground raised only after the denial undermined her credibility. The appeal to the District Court was struck out for failure to post security, and the court noted that it would also have been denied on the merits (Adm. Appeal (Jerusalem) 21416-01-23).

In Appeal (Jerusalem) 1008-26 (4 Jan 2026), which concerned a Russian national, it was held that participation in two mass protests more than a decade earlier, brief periods of arrest and release after paying a fine, lawful departure, and renewing a passport at the embassy in Israel did not establish a ground for asylum. The Tribunal also noted that the reconsideration procedure had been abolished.

How Our Office Can Help

Our office guides Belarusian nationals through every stage of the asylum process: an initial review of the story and the evidence, preparation for the interview at the Asylum Claims Unit, an appeal to the Appeals Tribunal, an appeal to the District Court, and recourse to the courts when handling of an application is delayed. We work in Hebrew, English and Russian. Every case is examined on its own merits, and we do not promise a result; we will examine your matter thoroughly and explain the prospects and the risks clearly.

Frequently Asked Questions

I took part in the 2020 protests and was briefly arrested. Is that enough to be granted asylum?

Not necessarily. The tribunals examine whether the applicant personally is at risk of persecution, not merely whether they took part in a protest. A brief detention and unconditional release, without criminal proceedings and without any subsequent interest from the authorities, was not enough in the cases considered. It is important to present any evidence that the authorities are personally interested in you.

More than a year has passed since I entered Israel. Can I still file an asylum application?

Under clause 4.א of Procedure 5.2.0012, an application filed more than a year after entering Israel is rejected outright, unless special reasons for the delay are shown and the application raises a well-founded fear. The longer the delay, the more convincing the explanation must be. It is advisable to seek advice before filing.

My asylum application was denied. Can I request reconsideration?

No. Since edition 11 of the Procedure (15 Oct 2024), the route is an appeal to the Appeals Tribunal, within 30 days of receiving the decision. If new facts have arisen, they can be brought before the Asylum Claims Unit. It is important not to miss the deadline for filing the appeal.

After the 2026 recognition of two Belarusian nationals, will every application now be accepted?

That cannot be inferred. The recognition described in this guide was granted in the case of two specific applicants. Every application is examined according to the applicant's personal circumstances, credibility, and the evidence presented, and this is not a general finding regarding all asylum seekers from Belarus.

I am entitled to immigrate under the Law of Return. Do I need to apply for asylum?

No. A person entitled to immigrate under the Law of Return applies for oleh (immigrant) status, and one already in Israel as a tourist applies under Procedure 5.2.0001 (Application to Change Status from Tourist to Oleh). This is a separate track with its own requirements, and in certain cases, for example where there is a criminal record, additional questions may arise.

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