Как репатриироваться в Израиль с судимостью

How to repatriate to Israel with a criminal record. How to obtain Israeli citizenship with a criminal record The Law of Return recognizes the right of every Jew to repatriate and obtain Israeli citizenship. The exception is individuals with a criminal record and who pose a threat to public order and the security of the country. However, “danger to society” is a very vague concept and the position of the Ministry of Internal Affairs on this matter does not always coincide with the opinion of the Supreme Court of Justice. According to the Ministry of Internal Affairs instruction No. 5.2.0001, a criminal record means not only a criminal record, but also the fact of initiating a criminal case against a person suspected of committing a crime that poses a danger to society. Moreover, representatives of the Ministry of Internal Affairs have the right to take into account incriminating information received from the internal security agencies of the country of origin, even in cases where the investigation did not end with an indictment, trial, and admission of guilt. The applicant's being placed on a wanted list is also taken into account when considering the application for repatriation. If the applicant has ever admitted to committing a socially dangerous act, regardless of whether a criminal case was ultimately opened, the Ministry of Internal Affairs has the right to take this information into account and deny the applicant the right to aliyah due to the applicant's criminal history. The Instruction and its interpretation by the Supreme Court of Justice instruct the Ministry of Internal Affairs to take into account the following factors when considering the criminal history of an applicant seeking repatriation: • the severity of the crime; • the period of time that has passed since the commission of the crime; • the number of crimes committed and the frequency with which they were committed; • the actual circumstances and characteristics of the crimes committed (which may indicate the schematic nature of the criminal activity, a special "handwriting" and a tendency to recidivism); • the sentence and the punishment applied; • in the case of a sentence in the form of imprisonment - the term of the sentence; • the period of time that has passed since the serving of the sentence. The Supreme Court's precedent-setting decisions in the case of the famous Jewish mafioso Meir Lansky (1972) and in the Casey (2007) and Amrin (2007) cases noted the importance that should be given to the statute of limitations for the applicants' crimes. In the Pashko case, the court denied the applicant the right to aliyah, charging him with the fact of repeated property crimes - both in Russia and in Israel. It should be noted that even in cases where the applicants' biography is tainted by serious crimes, the Supreme Court of Justice orders the Ministry of Internal Affairs to individually consider each petition, taking into account all circumstances and factors, including the period of time that has passed since the commission of the crime and the serving of the sentence, the degree of rehabilitation of the criminal, his family status, socio-professional status, etc. Thus, in the well-known case of Sergei Padchenko (2013), the court, having rejected the applicant's application for aliyah due to the extremely serious crimes he had committed in the past, nevertheless did not deprive the applicant of hope, noting that it did not rule out the possibility of reviewing the state's position upon re-filing the application in 10 years. Since 2003, the Supreme Court of Justice (in the cases of Guliyev and Kuznetsov), and subsequently the Ministry of Internal Affairs, sometimes apply interim measures: they agree to grant applicants temporary residence status in Israel "for a probationary period", after which the application is subject to review. Experience suggests that the refusal of the Ministry of Internal Affairs to apply for aliyah is not yet a sentence. The applicant has the right to appeal the state's decision, first by filing an internal appeal, and then, if necessary, by filing a petition to the Supreme Court of Justice. 00:00 Arthur Blaer - lawyer in Israel 00:18 What does the law say about return? Who is not allowed to repatriate to Israel 02:53 What to do if you are denied repatriation to Israel 05:56 Can you be denied repatriation to Israel because of a criminal record 06:48 How to obtain Israeli citizenship with a criminal record Phone/WhatsApp 054.646.90.80 [+972] 54.646.90.80 https://blaerlaw.com email: [email protected]   / arthurblaeradv