What Is My Status in Israel While My Asylum Application Is Being Examined?
What a 2(א)(5) permit allows, when it is renewed, what happens if the application closes, and what to ask for after years of delay. A practical guide.
Written by Attorney Idan Moldavski — law office in Tel Aviv.
Your Asylum Application Is Pending — What Is Your Legal Status?
This guide is for anyone who has filed an application for political asylum in Israel and is awaiting a decision, and for their family members. An asylum application is a request to be recognized as a refugee — that is, as someone with a well-founded fear of persecution in their country of origin. At the Population and Immigration Authority, the Asylum Claims Unit (the RSD Unit) interviews the applicant, and the Advisory Committee for Refugee Affairs examines the file and makes a recommendation.
The review can take a long time. In 2026, the Supreme Court emphasized that the Authority must decide asylum applications within a reasonable time. Someone with no other residency permit is, in the meantime, generally given a temporary stay permit. Below we explain what the permit allows, how to keep it, how it differs from the A/5 permit given to a recognized refugee, and what can be requested when the decision is delayed.
The Legal Framework: Section 2(א)(5) and Procedure 5.2.0012
Section 2(א)(5) of the Entry into Israel Law, 5712-1952 authorizes the Minister of Interior to grant a "temporary permit for a visitor's stay" to a person present in Israel without a residency permit and against whom a removal order has been issued, "until they leave Israel or are removed from it." This is a temporary stay permit. It regulates the person's presence, but it is not resident status and does not recognize a right to remain.
The practical rules are set out in 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 filed through an online form, generally within one year of entering Israel. Submitting the form is not, by itself, filing an application. The application is opened only after registration and identification before a border control officer.
Clauses 1.ה and 1.ו of the Procedure provide that an asylum seeker with no valid residency permit will receive a permit under section 2(א)(5). Section 6 of the Law authorizes the Minister of Interior to attach conditions to the permit, compliance with which is a condition of its validity.
What the Permit Allows — and What It Does Not
As long as the permit is valid, you are not "staying in Israel unlawfully" as the Law defines that term.
In the first months, the permit bears a notation that its holder "may not work" — six months for someone who had been in Israel more than a year when the application was filed, and three months for someone who had been there less than a year — and if no decision has been made by then, a permit without that notation is issued (clauses 1.ה and 1.ו of the Procedure); on work rights, see the separate guide on our site.
The Supreme Court has noted that this permit does not confer social rights, such as national health insurance (Leave to Appeal (Supreme Court) 17388-05-26, 10 Jun 2026).
Especially important: under clause 1.א of the Procedure, an asylum seeker who leaves Israel after their application has been opened is treated as having abandoned the application, and it will be closed.
Renewing the Permit and Its Conditions
The permit is issued for a fixed period and must be renewed before it expires. Under clauses 1.ה and 1.ו of the Procedure, the permit "will be renewed from time to time until a decision is reached on the application, so long as the applicant cooperates during the examination of their case." Cooperation means, among other things, appearing for the interview and for summonses.
Under clause 2.א of the Procedure, the applicant provides an address and contact details and must update them immediately upon any change. Decisions are sent to these details, and the deadline for filing an appeal runs from the date of delivery (clause 8.א).
Conditions may be attached to the permit. Procedure 10.0.0025 (Procedure for Setting Conditions Regarding Geographic Restriction and Areas of Employment in the Licenses of Asylum Seekers and Infiltrators) governs geographic conditions and conditions on fields of employment in permits issued under section 2(א)(5). Someone who claims exceptional personal circumstances may apply in writing to have the conditions removed (clause 7 of the Procedure). Under Procedure 5.2.0012, someone found working during a period when the permit forbids it is brought before a border control officer for a hearing.
When the Application Is Closed or Denied — What to Do
The permit is tied to the application, and without the application there is no basis for renewing it. In Appeal (Tel Aviv) 2720-25 (10 Jul 2025), the appellant received a 2(א)(5) permit after filing an asylum application but did not appear for her scheduled interview. The application was closed for lack of cooperation. About a year later she was found without a valid permit, held in detention, and a removal order was issued against her. The Appeals Tribunal for immigration matters denied the appeal.
When an application is denied, the decision sets a date for departure from Israel. Under clause 8.ג of the Procedure, someone not in detention must leave within 7 days if the application was denied outright or under a summary procedure, and within 30 days if the decision was made by the Minister of Interior or the Authority's Director-General.
The way to challenge a denial is an appeal to the Appeals Tribunal (clause 9.א of the Procedure). Since edition 11, there is no longer an option to request reconsideration. The appeal must be filed within 30 days of the day you received notice of the decision or learned of it (section 13כד(ב) of the Law). The tribunal's decision may be challenged by an administrative appeal to the District Court sitting as the Court for Administrative Affairs, within 45 days.
Filing an appeal or a further appeal does not, by itself, stay execution of the decision (regulation 41 of the Entry into Israel Regulations (Procedure and Administration in the Appeals Tribunal), 5774-2014). To prevent removal while proceedings are pending, you must request an interim order. If you are in detention and the Appeals Tribunal has ordered your release, it may direct that you be given a 2(א)(5) permit until the appeal is decided (section 13כד(ג)(3) of the Law).
The A/5 Permit for a Recognized Refugee — and How It Differs
The A/5 permit is a permit for temporary residence — that is, temporary-resident status. Under clause 7.ז of Procedure 5.2.0012, a person recognized by the Minister of Interior as a refugee receives an A/5 permit for one year. Under clause 11.2, an application for renewal must be made up to three months before the permit expires. The first renewal is for one year, the second for two years, and every subsequent renewal for three years.
A refugee's A/5 status is also temporary. In Adm. Petition (Jerusalem) 14505-07-25 (25 Jan 2026), recognized refugees asked the court to require the Procedure to set out a path for upgrading to permanent residency. The Jerusalem District Court dismissed the petition, relying on Supreme Court case law holding that the 1951 Refugee Convention does not require that a refugee be granted permanent status.
Under the Authority's position as described in that judgment, an A/5 permit allows the holder to work, to study, and to enjoy social rights.
A Delay of Years: What You Can Ask For
When the Authority does not decide within a reasonable time, an appeal may be filed with the Appeals Tribunal over the very fact that no decision has been made. Exceptions to the rule that an A/5 permit is given only to a recognized refugee have mainly been recognized for groups: in HCJ 4630/17 (25 Apr 2021), which concerned natives of the Darfur region of Sudan, the court first set a deadline for a decision and ruled that A/5 permits pending a decision would be granted only if the Authority failed to meet it. In a further proceeding in 2025, the Minister of Interior agreed to give an A/5 permit to additional Sudanese nationals whose applications were pending, on conditions set in that proceeding. Such a permit need not be renewed if the application is examined on the merits and denied (Adm. Appeal (Tel Aviv) 37011-06-24, 31 May 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 application, after finding that the Population and Immigration Authority had delayed handling the application for years. In August 2026, more than four years after they 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.
In June 2026, in a separate matter, the Supreme Court set out the rule that applies today: the ordinary remedy for delay is an order directing the Authority to decide within a set time limit. Requiring the Authority to grant an A/5 permit before a decision is made, even temporarily, is an "extreme and exceptional" remedy reserved for special cases (Leave to Appeal (Supreme Court) 17388-05-26, 10 Jun 2026).
What the Case Law Shows
Leave to Appeal (Supreme Court) 17388-05-26 (10 Jun 2026) concerned an Eritrean national who filed an asylum application in early 2018. The Appeals Tribunal ordered the Authority to decide within eight months. The Tel Aviv District Court ordered that she be given a temporary A/5 permit pending the decision (Adm. Appeal (Tel Aviv) 45244-03-26, 19 Apr 2026). The Supreme Court granted the State's appeal, set aside the judgment, and reinstated the tribunal's decision. It held that because the application included an argument tied to a question of principle pending before the Supreme Court, the Authority could not be said to have caused serious delay. The lesson: in a delay case, the primary relief sought is a set deadline for a decision.
Adm. Appeal (Tel Aviv) 37011-06-24 (31 May 2026) considered whether an asylum seeker from Darfur had filed his application in 2014, and was therefore included in the group that received A/5 permits following HCJ 4630/17. The Authority argued there was no indication of this, partly because no copy bearing a "received" stamp had been produced. The court held that the decision rested on an incomplete factual record, which did not include contemporaneous documentation from his lawyers or his answers at interviews, and ordered that he be given a temporary A/5 permit like the rest of the group. The lesson: keep every piece of evidence of when you filed your application.
Adm. Appeal (Tel Aviv) 5264-10-23 (25 Jun 2026), by contrast, held that on the facts of that case, registration with UNHCR, without an asylum interview, is not an asylum application. Even so, because his new application had been pending for more than a year, the court ordered that he be given an A/5 permit on grounds of equal treatment with Sudanese nationals to whom the Minister of Interior had agreed to grant such a permit. The lesson: you must prove that you filed the application, and here the permit rested on a group arrangement, not on the delay alone.
Adm. Appeal (Jerusalem) 69768-12-24 (4 May 2025, Judge O. Zinger) concerned an Ethiopian national whose application for status on humanitarian grounds was examined with unusual slowness that the Authority did not explain. The court denied the appeal and held that even when the Authority delays unreasonably, an applicant is expected to act to advance their own case, and that delay alone does not create a humanitarian ground for granting status. The lesson: follow up on your application and contact the Authority in writing.
How Our Office Can Help
Our office guides asylum seekers through every stage of the process: reviewing the permit and its conditions, preparing for the interview, appealing the closure or denial of an application, and applying for an interim order. In cases of prolonged delay, we consider an appeal seeking a set deadline for a decision, and in exceptional cases, a remedy for the waiting period itself. We work in Hebrew, English and Russian. If your permit is about to expire, if your application has been closed or denied, or if it has been pending for years — contact us and we will review your options together.
Frequently Asked Questions
Is a 2(א)(5) permit a status in Israel?
No. This is a temporary stay permit which, under the wording of the Law, is granted until departure from Israel or removal. It regulates your presence while the application is examined, but it is not temporary-resident status. That status — an A/5 permit — is generally granted only after recognition as a refugee.
What happens if I leave Israel while my asylum application is being examined?
Under clause 1.א of Procedure 5.2.0012, an asylum seeker who leaves the country after their application has been opened is treated as having abandoned it, and the application will be closed. Someone whose application has been closed cannot file a new one through the online form. Before leaving the country, it is important to consult a lawyer.
My permit is about to expire — what should I do?
You should act to renew it before it expires. Under the Procedure, the permit is renewed from time to time as long as you cooperate with the examination of your application. Make sure the address and contact details you provided are up to date, since summonses and decisions are sent to them. If renewal is refused, you can generally file an appeal with the Appeals Tribunal within 30 days.
My application has been pending for years. Am I entitled to an A/5 permit?
Not automatically. In June 2026, the Supreme Court held that the ordinary remedy for delay is an order directing the Authority to decide within a set time limit, and that an A/5 permit before a decision is made is an extreme and exceptional remedy. Exceptions have mainly been recognized for groups from Sudan to whom the State agreed to grant such a permit. The examination is individual, and it also matters whether you have acted to advance your application.
My application was denied and I filed an appeal. Can I stay in Israel until the decision?
Filing an appeal does not, by itself, stay execution of the decision. To prevent enforcement and removal while proceedings are pending, you must ask the tribunal for an interim order. If you are in detention and the Appeals Tribunal has ordered your release, it may direct that you be given a 2(א)(5) permit until the appeal is decided.
Read more about this practice area — Asylum & Refugees