The Special Committee on Foreign Workers, chaired by MK Etty Hava Atia (Likud), visited the Population and Migration Tribunal in Jerusalem on Sunday.
During the visit, the committee observed a hearing on an appeal filed by a foreign worker challenging the decision to revoke his work permit. The Appeals Tribunal serves as a judicial administrative review body for decisions made by the Population and Immigration Authority on matters related to entry to Israel, departure, and stay of foreign nationals. The appeals submitted to the court concern asylum requests, family reunification, child registration, humanitarian requests, entry refusals, deportation, and more. The Detention Review Tribunal examines the legality of the detention of a foreigner staying illegally in Israel.
The committee observed a hearing on an appeal filed by a foreign worker who appealed the decision by the director of the Population and Immigration Authority’s Nursing Division to revoke his work permit after he had violated the terms of his permit and remained in the country for 315 days without a legal employer.
Committee Chair MK Atia said, “The discussion with the judges at the court was interesting and fascinating. We came to help the vulnerable and to learn about the issues from the ground up.” MK Atia called on the court to show sensitivity in difficult humanitarian cases and allow a longer adjustment period.
The head of the Appeals and Detention Review courts, Justice Hanania Guggenheim, gave the committee an overview of the activities of the Population and Migration courts and said, “We conduct reviews of decisions made by the Population and Immigration Authority. The court operates 24/7, and at any given moment, there is a judge on duty. Every night, hearings take place on decisions by the Authority’s officers at Ben Gurion Airport to refuse entry to individuals into Israel.” According to him, about 3,000 appeals are submitted annually. In the past year, there has been a 13% increase in appeal cases, with the most discussed issue being family reunification (1,000 appeal cases). In addition, there are humanitarian cases and asylum requests. Some 500 hearings have been held for those who attempted to enter the country via flotillas.
Justice Asaff Noam noted that there has been a dramatic decrease in appeal cases for asylum requests. He explained that the number of appeals from Sudanese and Eritrean nationals is minimal. Most of the cases are proceedings involving tourists from poor countries, which are exploited due to the prolonged procedures. The judge further noted that the phenomenon of infiltrations at Ben Gurion Airport is increasing. “We have seen cases where individuals entered for the third and fourth times. There is no enforcement of our rulings. We are seeing cases labeled as ‘recurrent cases,’ and upon reviewing the details, we find that the appellant was previously ordered to leave the country. The rulings are transferred to the enforcement department of the Population and Immigration Authority,” said the judge.
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