Israeli citizens whom are in a relationship with a foreign national, or foreign nationals who seek to regularize their status under any regulation, may often encounter rejection and negative replies from the Ministry of the Interior. However, the rejection of an application is not the end of the road – in a sense, it is only the beginning. It is important that you know that most procedures conducted at the Population and Immigration Authority entail eligibility for filing an Internal Appeal at the Population Authority, even before turning to judiciary instances.
The process of internal appeal at the population authority
From the moment a decision was made to reject an application for regularization of status, one has 21 days to file an internal appeal. The appeal is typically filed with the same office that issued the rejection, and the person who will discuss it is an officer of a higher rank than the one who signed the initial decision.
Thus, for example, an appeal of the decision of a team lead at the office will be relayed for review by the vice-director of the office or the director themself.
An appeal of the decision of the director of an office is also filed with the same office where the decision was made, but it shall be sent for resolution by the regional director or the head of the Desk at the Population Authority headquarters.
It is very important to stress that an appeal that was filed 21 days after the decision was made shall not be discussed, and therefore it is extremely important to be punctual with adhering to the schedule.
How should an internal appeal be filed?
Internal appeal at the population authority can be filed within 21 days, in person, at the Population and Immigration Authority office where the decision was issued. One can approach the Information Station and there is typically no need to wait in the normal queue. After the appeal is filed, one must obtain a “Received” stamp with the date of submission and the name of the officer who processed the appeal. It is highly important to keep this reference for the filing.
Keep in mind: so long as the appeal does not exceed 10 pages, the appeal can be filed by fax to the office that made the decision being appealed. The fax number can be found at the bottom of the application or at the Authority’s website. Even when utilizing this option, we recommend that you keep the fax approval carefully.
Filing an appeal does not require the payment of a fee.
What else does one need to know about the internal appeal?
It’s important for you to know that you have the right to receive the relevant documents for formulating and filing an appeal. Thus, for instance, if the Ministry of the Interior rejects a couple’s application for regularization of status due to contradictions that emerged in the partners’ interviews, it is highly recommended to receive the interviews’ minutes.
A review of the minutes can frequently settle the contradiction, or demonstrate that one never existed to begin with.
Bear in mind, however, that filing a request to receive these documents does not postpone the deadline for filing the appeal. As this can only be done within 21 days, one should hurry and receive the documents as soon as possible.
What should be enclosed with an internal appeal?
It is important to bear in mind that the internal appeal is the last stage conducted at the Ministry of the Interior – and should it be dismissed, it would be necessary to turn to judiciary instances. For this reason, the internal appeal should include all documents that are important for the Ministry of the Interior to have in order to make a decision. These documents will also be the foundation of the legal proceeding, should one become necessary.
Thus, one should bring as many evidence and documents as possible to convince the Population Authority to revoke their refusal of the application, and not settle for the letter alone.
Justifications for an internal appeal
There is a great deal of variance from case to case, but arguments in an appeal can be divided into groups:
- Factual arguments – disputing the determinations made in the decision
- Administrative arguments – concerning the fairness of the procedure
- Arguments that the decision does not comply with the requirements of the law and case law.
We recommend consulting an attorney before filing an internal appeal with the Ministry of the Interior and as soon as possible, in order to formulate the correct strategy, to receive the documents from the Ministry of the Interior and prepare the additional documents required, as well as to compose and file an appeal that covers all required matters.
Note: Contacting an attorney at this stage can spare you future legal proceedings, time, and no few additional expenditures.
Can anything be done if the internal appeal is dismissed?
Should the internal appeal be dismissed, one can file an appeal with the Court of Appeals within 30 days. You can read about the procedure for appealing to the court here.
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