A Russian Citizen Who Opposes the War: Can You Get Asylum in Israel?
How Israel reviews asylum claims by Russian citizens: political opinion, fear of conscription, common refusal grounds, and the path after refusal.
Written by Attorney Idan Moldavski — law office in Tel Aviv.
Russian Citizens Afraid to Return: Who This Guide Is For
This guide is for Russian citizens in Israel who do not want to return to their country: those who have spoken out against the war in Ukraine, taken part in protests, posted criticism on social media, or left in order not to be conscripted.
The guide addresses only those who are not eligible to immigrate to Israel under the Law of Return, 5710-1950. Those eligible under the Law of Return settle their status through a different process and do not need to apply for asylum. For everyone else, an asylum claim is usually the way to argue that returning to Russia is dangerous. It is important to understand: the Appeals Tribunal for immigration matters does not ask whether the situation in Russia is difficult in general. It asks whether you, personally, are likely to face persecution.
The Legal Framework: the Refugee Convention and Procedure 5.2.0012
The 1951 Refugee Convention defines a refugee as someone 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. In Appeal (Jerusalem) 1008-26 (4 Jan 2026), the cumulative conditions were set out: being outside the country of nationality; a fear that is well-founded, both objectively and subjectively; a link to one of the five grounds; a link between leaving the country and that fear; and the absence of any possibility of obtaining protection from the country of origin. The burden of proving all of these rests on the applicant.
The process is governed by Procedure 5.2.0012 (the procedure for handling applicants for political asylum in Israel and persons recognized by the Minister of the Interior as entitled to political asylum in Israel), edition 11 of 15 Oct 2024. The applicant is interviewed by the unit that handles asylum applicants (the RSD Unit), after which the application may be rejected at the threshold (clause 4 of the Procedure), examined under a fast-track procedure where the country has been designated safe (clause 5.1), examined under an abbreviated procedure by the chair of the Advisory Committee on Refugee Affairs (clause 6), or referred to the full Committee (clause 7). While the application is being examined, an applicant with no valid visa generally receives a residence permit under clause 2(a)(5) of the Entry into Israel Law, 5712-1952 — a temporary stay permit, at times with a bar on employment.
Political Opinion: What the Authorities Know About You
Opposition to the war is a political opinion, and can therefore support an asylum claim. But the opinion alone is not enough. The UNHCR Handbook (para. 80) makes clear that the applicant must show that the authorities have become aware of the opinion, or attribute it to the applicant, and that persecution is expected because of it. An imputed political opinion means that the authorities regard you as an opponent, even if you do not see yourself as a political activist.
In Appeal (Jerusalem) 2700-22 (9 Mar 2023), the Tribunal cited international reports showing that the risk of political persecution in Russia has grown since the invasion of Ukraine, but assessed by profile: political prisoners, activists of non-governmental organizations, independent journalists, and political opponents of the regime. According to the same reports, participants in unauthorized protests generally face short-term detention and a fine, while repeated arrests may lead to criminal proceedings.
You must therefore show exactly what you did, when, and why the Russian authorities are aware of it. Screenshots of posts, summonses for questioning, fines, indictments, or records of a search — every such document matters. Activity carried out only in Israel is examined as a "sur place" claim, and here too the question is whether the activity has come to the authorities' attention and what you would face because of it.
Fear of Conscription: When Draft Evasion Is Not Persecution
Courts distinguish between punishment for draft evasion, which is generally ordinary law enforcement, and cases where the punishment itself is unreasonable.
In Adm. Appeal (Jerusalem) 64068-02-24 (29 Feb 2024), the District Court sitting as the Court for Administrative Affairs dismissed the appeal of a young man who had received a call-up notice and left Russia. According to the opinion of the Population and Immigration Authority, draft evasion in Russia carries a fine, community service, or imprisonment of up to five years, and only rarely the latter. The court held that refusal to serve in a country with mandatory conscription is not, in itself, grounds for asylum, "except in cases where the punishment for that refusal is unreasonable," and that law enforcement is not persecution. The court, however, expressly noted that it was not ruling on claims about what awaits the appellant if conscripted, or about the army's conduct in Ukraine, since these were not supported by evidence.
Two lessons follow. First, a general fear is not enough: in Appeal (Jerusalem) 2700-22 it was held that a claim cannot be based on the general situation in Russia, including the partial mobilization declared in September 2022. Second, anyone who claims that the punishment they expect is exceptionally severe, or that their refusal stems from conscientious grounds and refusal to take part in particular acts, must establish this with personal evidence and background sources.
How Requests from Russian Citizens Have Been Examined Since 2022
Before the war, requests from Russian citizens were often refused under the fast-track procedure, based on a 2019 Foreign Ministry opinion that designated Russia a "safe country." Appeal (Tel Aviv) 1177-21 (19 Jun 2023) describes how, after the war broke out, the state announced that it was reconsidering that opinion, and that in the meantime it was not advancing requests from Russian citizens. Once a year had passed with no update, the Tribunal returned the files to the RSD Unit for a fresh decision, and ruled that no enforcement measures would be taken until then.
Under the abbreviated procedure, the situation is different: individual opinions are prepared by the RSD Unit and by the chair of the Committee, so the general opinion on a "safe country" is not relevant (Appeal (Jerusalem) 3018-22 (25 Jun 2024)). In Adm. Appeal (Jerusalem) 59940-05-23 (6 Jul 2023), the District Court sitting as the Court for Administrative Affairs added that there is an inverse relationship between the general situation in the country of origin and the applicant's claims: the more dangerous the situation in the country of origin, the more carefully those claims must be examined. In practice, in most of the decisions described here the request was refused, mainly because the applicant's personal profile was low and the evidence was scant.
The Common Reasons for Refusal
The most recurring reason is a lawful, open departure from Russia on the applicant's own passport. The Tribunal sees this as a sign that the authorities have no interest in the applicant. Close to it: renewing a passport at a Russian embassy, including in Israel. In Appeal (Jerusalem) 1008-26 it was held that such a step, in itself, undercuts the claim, because the applicant is seeking the protection of the very state he claims to fear.
A second common reason is delay: continuing to live in Russia for a long time after the events described, leaving and then returning, or filing the request months after arriving in Israel and after the tourist visa expired. Military service completed without incident, even though the authorities were aware of the applicant's political activity, is also held against the applicant (Appeal (Jerusalem) 3018-22).
Other reasons: contradictions between the application form and the interview, an oral account unsupported by a single document, activity that amounted to one or two mass demonstrations, and no attempt to move to another region of Russia — "which is an enormous country," in the words of Appeal (Jerusalem) 2704-22 (21 Sep 2023).
After a Refusal: Appeal, Further Appeal, and a Stay of Removal
A decision refusing an asylum claim may be appealed to the Appeals Tribunal within 30 days of the day notice of it is received (clause 13כד(ב) of the Entry into Israel Law). Since edition 11 of the Procedure there is no longer an internal request for reconsideration, and the route is an appeal (clause 14.ב of the Procedure). If new facts arise, one can approach the RSD Unit with a request to reopen the file.
Alongside the appeal, applicants seek an interim order barring enforcement measures pending the decision, sometimes conditioned on posting a bond. Watch its duration: in Appeal (Jerusalem) 3018-22 the order expired after six months and was not extended, and the Tribunal saw this as a sign that the appellant was not genuinely afraid to return. In the decisions described here, a refusal was accompanied by an order to leave Israel and costs of NIS 3,000 to 8,000. The Tribunal's decision may be appealed to the District Court, sitting as the Court for Administrative Affairs, within 45 days.
The length of the process itself may also be grounds for turning to the court. In Appeal (Jerusalem) 1008-26, the Tribunal remarked that a review lasting more than eight years is unreasonable by any international standard. In May 2026, the Tel Aviv District Court, sitting as the Court for Administrative Affairs, ordered the state to grant two Belarusian asylum seekers, who had taken part in protests against the Lukashenko regime, temporary-resident status pending a decision on their asylum claim, after finding that the Population and Immigration Authority had delayed handling the request for years. In August 2026, more than four years after they filed the request, the Authority recognized them as refugees; according to the Haaretz report, this was the first time Israel had recognized Belarusian citizens as persecuted by the regime for political reasons. Our office represented the two.
What the Case Law Shows
In Appeal (Jerusalem) 1008-26 (4 Jan 2026), a Russian citizen who had filed his request in 2017 and was interviewed only in 2025 claimed to have taken part in two mass demonstrations against corruption and to have been briefly detained. The Tribunal found no flaw in the opinion that, even after the war broke out, participants in mass demonstrations are not generally persecuted for that alone, and held that renewing the passport at the embassy undercut the claim. The lesson: a low profile and turning to the Russian authorities work against you together.
Appeal (Jerusalem) 3018-22 (25 Jun 2024) concerned a supporter of Alexei Navalny who was detained for two days after a demonstration in 2018. The District Court sitting as the Court for Administrative Affairs remanded the file to the Tribunal in light of the war, but the appeal was refused again: the RSD Unit reconsidered the matter, including after Navalny's death, and found that this did not change the decision. The lesson: a general development in the country must be tied to you personally.
In Appeal (Jerusalem) 2704-22 (21 Sep 2023), a protester from Vladivostok claimed to have been beaten twice by unknown persons. The Tribunal held that an assault by an unidentified party does not show persecution by the state; the appellant also had not filed a police complaint. The lesson: where there is no evidence that the state stands behind the harm, you must explain why protection cannot be obtained from it.
How Our Office Can Help
Our office accompanies asylum applicants at every stage of the process, in Hebrew, English, and Russian. Before the interview, we help draft a complete and accurate application form, with all grounds set out from the start, and gather and translate personal evidence: posts, summonses, fines, call-up notices, and court documents. After a refusal, we review the interview transcript and the opinion, file an appeal together with a request for an interim order and see to its extension, and proceed to an administrative appeal where there is a basis for one. We do not promise a result, but we make sure the request is examined on the fullest foundation that can be assembled.
Frequently Asked Questions
I took part in a protest against the war and was detained for a few hours. Is that enough to get asylum?
Generally, not on its own. In Appeal (Jerusalem) 2704-22 (21 Sep 2023) it was held that taking part in a few demonstrations and being detained for hours does not turn a person into someone who is persecuted, and Appeal (Jerusalem) 2700-22 (9 Mar 2023) described participants in demonstrations as generally facing short-term detention and a fine. It matters to show what happened afterward: summonses, criminal proceedings, surveillance, or harm, and why the authorities identify you as an opponent.
I received a call-up notice and left Russia. Is that grounds for asylum?
In Adm. Appeal (Jerusalem) 64068-02-24 (29 Feb 2024) it was held that refusal to serve in a country with mandatory conscription is not, in itself, grounds for asylum, unless the punishment for the refusal is unreasonable, and that law enforcement is not persecution. The court did not rule on claims about what awaits the appellant in the service itself, since these were not supported by evidence. Such a claim must therefore be supported by personal evidence and background sources.
I have not received a call-up notice, but I fear I will be conscripted. Does that count?
A general fear of future conscription is not enough under the decisions. In Appeal (Jerusalem) 3145-24 (20 May 2025), concerning a resident of Transnistria, it was held that a fear of conscription where no call-up notice has been received is a theoretical claim that does not relate to any of the Convention's grounds, and Appeal (Jerusalem) 2700-22 held that a claim cannot be based on the partial mobilization declared in 2022 by itself. You must point to personal circumstances that increase the risk.
I renewed my Russian passport at the embassy in Israel. Can that harm my claim?
Yes, it can cause serious harm. In Appeal (Jerusalem) 1008-26 (4 Jan 2026) it was held that turning to the Russian embassy to renew a passport, in itself, undercuts the asylum claim, because the applicant is seeking the protection of the very state he claims to fear. If you renewed a passport, it is important to explain honestly when and why you did so.
My request was refused. How much time do I have, and what happens meanwhile?
An appeal to the Appeals Tribunal is filed within 30 days of the day notice of the decision is received, and since October 2024 there is no longer an internal request for reconsideration. Alongside the appeal, applicants seek an order barring enforcement measures, and it is important to see to its extension before it expires. The Tribunal's decision may be appealed to the District Court within 45 days.
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