Delaying the status change for the family member of an Israeli citizen following renewed review of the Israeli applicant\u2019s citizenship \u2013 is this a rare and exceptional case? Not necessarily.<\/p>\n

Our law offices specialize in aliyah, immigration, and obtaining legal status in Israel. Lately we’ve dealt with several cases wherein the Ministry of Interior reopens eligibility checks for Israeli citizens, primarily Olim (immigrants) from the Former Soviet Union countries. These are Israeli citizens who apply for legal status for a family member, under Interior Ministry regulations regarding an elderly single parent<\/a>, a parent of a lone IDF soldier<\/a>, foreign spouses of Israelis<\/a>, common-law couples<\/a> including same-sex couples, etc. The change in legal status for the family member is often delayed until the MoI re-examines whether the Israeli applicant is eligible for citizenship himself. Clients who have dealt with this issue included those eligible for aliyah and their family members<\/a>, citizens on the basis of marriage, great-grandchildren of Jews<\/a>, and more.<\/p>\n

We specialize in legal proceedings with the Interior Ministry<\/strong><\/h4>\n

\u00a0<\/strong>Our offices have encountered this phenomenon many times, and have successfully solved such cases after presenting administrative appeals before a variety of bodies: the Supreme Court (in its capacity to hear cases on Section 7 of the Citizenship Act, 1952); the Court of Administrative Affairs (with the authority to hear cases on Section 7 of the Citizenship Act); and the appellate courts (the judicial tribunals currently authorized to hear cases on this issue, pursuant to Entry into Israel Law).<\/p>\n

As noted, many appeals have been made to the relevant courts on such issues \u2013 so many that the authority was transferred from the national to the regional level. Eventually it was decided to establish special legal tribunals to deal with this issue, the appellate courts<\/a>.<\/p>\n

Example of a successful case by immigration attorney Michael Decker<\/strong><\/h4>\n

As an example, here is a case in which Advocate Michael Decker obtained a successful outcome for his client. The appellant, Avner Ne\u2019eman, applied to bring his spouse to Israel from the Ukraine. The Interior Ministry rejected his application, claiming that he may have obtained his citizenship under false pretenses. The claim was made that Avner is a Messianic Jew, and Messianic Jews are not eligible to make aliyah to Israel<\/a>.<\/p>\n

Meanwhile, many years had passed, and the Interior Ministry had never revoked his status (and to this day has not taken action on this issue, since Avner Ne\u2019eman made aliyah to Israel when he was a minor, and therefore could not have presented any false information to the Interior Ministry). Our office appealed to the regional court, in its capacity as a court for administrative appeals, on this point. In the appeal, we vigorously protested the Interior Ministry\u2019s harassment of an innocent Israeli citizen; on the one hand, the Ministry was claiming that the citizen obtained his citizenship under false pretenses (all the while not proceeding with any measures against him on this issue, for a good reason), and on the other hand, was refusing to provide him with a public service (and essentially treating him as a second-class citizen).<\/p>\n

Ultimately, the court allowed Avner Ne\u2019eman\u2019s spouse into Israel, as well as compensated the appellant.<\/p>\n

The name of the ruling is administrative appeal (Jerusalem) 63320-11-16 Avner Ne\u2019eman et al. v. the Population Authority<\/em>.<\/p>\n