By Amit Acco
Summary: A refugee is a person who has a well-founded fear of persecution in their home country for one of five reasons set out in the UN Refugee Convention. In Israel, the Refugee Status Determination (RSD) Unit of the Population and Immigration Authority reviews each asylum claim. You usually book an appointment online first, then file in person. While your claim is pending, you must renew your visa on time. Very few claims are approved. Historically, fewer than 1% have been recognised. If you are rejected, you can appeal. Deadlines are short.
Many people in Israel’s refugee community have lived here for years. Some have never filed an asylum claim. Others filed long ago and are still waiting for an answer. Many are unsure what the process involves or what their rights are.
This article explains the asylum claim process in simple terms. It covers who qualifies as a refugee, how to apply, what happens at the interview, and what you can do if your claim is rejected. For an overview of our work, see our Israel immigration services.
Who Is a Refugee? The UN Refugee Convention Definition
Israel signed the 1951 UN Refugee Convention and its 1967 Protocol. The Convention defines who is a refugee. Under Article 1A(2), a refugee is a person who is outside their home country and has a well-founded fear of persecution. The person must fear this persecution because of their race, religion, nationality, membership of a particular social group, or political opinion. The person must also be unable, or because of that fear unwilling, to seek protection from their own country.
“Well-founded” means two things. You must really be afraid. And there must be good reasons, based on facts, for that fear.
The Convention also includes the principle of non-refoulement (Article 33). A country may not send a refugee back to a place where their life or freedom would be threatened. A separate treaty, the UN Convention Against Torture, also forbids returning anyone to a country where they face a real risk of torture.
Persecution vs. Prosecution
This difference is very important. Prosecution means being charged and punished for a crime. Persecution means serious harm because of who you are or what you believe.
Fear of punishment for an ordinary crime is usually not enough. But prosecution can become persecution in some cases. One example is when the punishment is much harsher for you because of your religion, ethnicity or political views. Another is when the punishment is extreme or out of proportion to the act. A third is when the “crime” is only an excuse to punish you for your opinions or identity.
Imprisonment in forced-labour camps, detention without trial, and slavery-like conditions can amount to persecution. In 2016, a UN Commission of Inquiry found that crimes against humanity, including enslavement, had been committed in Eritrea. Evidence like this can support an individual claim.
Some people are excluded from protection, for example people who committed serious non-political crimes or took part in persecuting others.
Israel’s Legal Framework and the RSD Unit
Israel has no specific asylum law passed by the Knesset. Claims are handled under an administrative procedure of the Population and Immigration Authority (PIBA), together with the Entry into Israel Law, 1952. The procedure has been changed several times, so always check the current version.
Since 2009, the RSD Unit within PIBA has been responsible for examining asylum claims. Before that, UNHCR did this work. The RSD Unit interviews applicants, studies the evidence and country information, and prepares a recommendation.
Many files are then reviewed by an inter-ministerial Advisory Committee for Refugees. The final decision is made by the Minister of Interior or a person the Minister appoints.
Step-by-Step: How to File an Asylum Claim
The first step is to book an appointment online. Applications today usually start with an online appointment request. Next, you attend in person and file your application at the RSD office. Bring your identity documents and any evidence you have. At registration, your details are recorded and your fingerprints are taken. For a general view of how Israeli immigration procedures run, see our step-by-step process page.
After registration there is an initial review. Claims that appear clearly unfounded may be sent to a faster track. Then comes the full interview, where an RSD officer asks detailed questions about your story. Finally, you receive a written decision. This can take a long time.
The procedure has included a requirement to file within one year of entering Israel. A late claim may need a good explanation. The rules on this point can change, so speak to a lawyer before you file.
The Interview: How to Prepare
Write down your story clearly and in order: dates, places, people and events. Be consistent. Differences between your statements are often used to reject claims. Gather documents, photos, medical records and witness details.
Ask for an interpreter in your own language and dialect. Tell the officer at once if you do not understand. After the interview, ask for a copy of the interview record and keep it safe.
Your Status While Your Asylum Claim Is Pending
Most applicants receive a 2(A)(5) conditional release visa. It must be renewed regularly. Never miss a renewal date. A missed renewal can cause serious problems, including risk of detention. Check the renewal date on your visa each time.
Who Is Filing an Asylum Claim Today
The largest groups are Eritreans and Sudanese, including people from Darfur, the Nuba Mountains and Blue Nile. In practice, most of them are protected by a non-removal policy, not by individual refugee recognition. Thousands of their claims have waited years without a decision.
In recent years there have also been many claims from Ukraine, Georgia, Russia and Belarus, and some from Ethiopia, Congo, Turkey and Iran.
Recognition of refugee status is very rare. Historically, fewer than 1% of asylum claims in Israel have been approved. Recognised refugees receive A/5 temporary residence.
Humanitarian Status for Sudanese Applicants
Starting in 2018, several hundred Sudanese, mainly from Darfur, received humanitarian status with an A/5 visa. This is not refugee status, but it gives more stability than a 2(A)(5) visa. The policy has changed over time. If you are from Darfur, the Nuba Mountains or Blue Nile, ask a lawyer whether you may qualify today.
If Your Asylum Claim Is Rejected
A rejection is not always the end. You may be able to submit a request for reconsideration, especially if there is new evidence or your situation has changed. You may also file an appeal to the Appeals Tribunal under the Entry into Israel Law. After the Tribunal, a further step may be a petition to the Administrative Court.
Appeal deadlines are short. Act as soon as you receive a decision. Bring the decision letter and your interview record to your lawyer.
How Kan-Tor & Acco Can Help With Your Asylum Claim
An asylum claim depends on details. How you tell your story, what evidence you provide, and how quickly you respond to decisions can all affect the result. We help applicants prepare their written account, get ready for the interview, gather evidence, and file appeals.
This article is general information, not legal advice. If you are thinking about filing a claim, are waiting for a decision, or have received a rejection, you are welcome to book a consultation with Kan-Tor & Acco.
