The Law of Return was enacted in 1950 and grants Jews, children of Jews, grandchildren of Jews and members of their families the right for Israeli citizenship.
The Law defines a Jew as a person who was born to a Jewish mother or who converted to Judaism and who does not practice another religion.
The Law of Return has a number of exceptions, the Aliayh application can be refused if a person can create a danger to public safety or health, has a criminal record and is a danger to society or may be detrimental to state authority. In fact, this exception in the Law provides the Interior Ministry with grounds to complicate the cases of 90% of applicants who have a criminal record, even though they do not pose a danger to society.
In cases where a person is applying for Aliyah and has a criminal record, the Interior Ministry will make decision in the case on an individual basis. Not every criminal offense will automatically result in a denial of Aliyah, but it is likely to complicate and prolong the case. When making a decision, the Interior Ministry will take under consideration the seriousness of the offense, the statute of limitation of the offense, the presence or absence of recidivism, and other circumstances. In order to assess all these factors of the offense, the Ministry of Interior may ask for a number of documents that will help to assess the danger of the offense and the possible danger of the person to Israeli society.
The Interior Ministry may request the following documents:
- Investigation records
- Indictment
- Court documents, including sentence
- If, as part of the punishment, it was decided to impose a measure of restraint in the form of detention – character reference from the prison
- Characterization of rehabilitation after completion the punishment
Very often in the Aliyah process where the applicant has the criminal record, the Ministry of Interior conducts a series of interviews with the applicant in order to establish as many details as possible about the circumstances of the criminal record.
Filing an appeal
In case of denial, an appeal is possible. In order for the applicant to be able to appeal, he or she has first to receive a written decision with reasons for the refusal. An appeal against the initial decision of the Ministry of Interior has to be filed to the Interior Ministry within 21 days. After receiving the decision of the Ministry of Interior on the appeal, in case of the second refusal, the appeal may be filed with the District Court within 45 days.
It should be noted that filing appeals and complaints is possible both if the request is submitted from abroad and if the request is submitted directly through the Interior Ministry in Israel.
If an applicant is in Israel during the entire process, he or she is entitled to request a visa extension until a final decision is made on his or her case.
Analysis of high-profile Aliyah cases with criminal records
Meyer Lansky
American gangster and one of the key figures of organized crime in the United States in the 20-th century. In the 1970s, Lansky attempted to make Aliyah to avoid prosecution in the United States. However, his application was denied by Israeli authorities. After two years in Israel, during which he attempted to receive Ole Hadash status, Lansky was deported back to the USA in 1972.
Gregory Lerner (Zvi Ben-Ari)
Originally from Russia, Lerner was associated with organized crime. After repatriation to Israel in the 1990s, he was arrested and convicted of a number of crimes.
If you have a criminal record, we recommend that you seek professional help at the initial stage.
Our office specializes in immigration issues, and we will be happy to explain your rights and build a plan of action with you.
