How to challenge the refusal of the Israeli Ministry of Internal Affairs to grant status

The refusal of the Israeli Ministry of Internal Affairs to grant status can become a real test for a family seeking reunification. However, this is not the end of the road, but only the beginning of a new stage that can be overcome with the right approach. Russian-speaking lawyer in Israel Arthur Blaer has prepared this guide to help you understand how to challenge the refusal of the Ministry of Internal Affairs and achieve a positive result.

The main reasons for failures of the Ministry of Internal Affairs and how to deal with them

In practice, most often refusal to grant status occurs for the following reasons:

1. Inconsistencies in the testimony of the spouses. When conducting interviews, employees of the Ministry of Internal Affairs very carefully check the coincidence of the testimony of the spouses. Even small discrepancies can raise suspicions that the marriage is fictitious. However, many of these differences are quite natural. The lawyer's job is to explain the naturalness of the relationship and confirm the authenticity of the relationship with other evidence, such as photographs, financial documents and testimonies from friends and relatives.
2. Suspicions of a fictitious marriage. Couples with a large age difference, a short period of acquaintance before marriage, or the absence of a common language of communication often arouse suspicion. In such situations, it is especially important to prepare a convincing evidence base, including witness statements and other documents confirming the authenticity of the relationship.
3. Problems with documents. Refusals are often associated with formal problems: lack of the required document, expiration of documents, incorrect apostille or translation errors. These problems may seem minor, but require careful and prompt correction to avoid repeated failure.
4. Concealment of essential information. Attempting to hide a criminal record, previous marriages, or children from other relationships may result in denial. Instead of hiding information, it is necessary to collect complete evidence and convincing explanations confirming that past problems are in the past.

Strategies for appealing a refusal

Depending on the reason for the refusal, you can use different appeal strategies:

• Procedural failures. If the refusal was due to a violation of procedural requirements, for example, missing a deadline for submitting documents, it is important to collect evidence confirming the objectivity of the delay and prepare a legal argument to overturn the refusal.
• Substantive refusals. In such cases, when officials doubt the authenticity of the relationship, it is necessary to provide additional evidence. This could be photographs, correspondence, financial documents, testimonies of neighbors and friends. It is also important to analyze the transcripts of all interviews and provide explanations for each controversial point.
• Formal refusals. Formal refusals require correction of documentary errors. These could be errors in translations, incomplete or incorrect apostilles, or expired certificates. It is important to understand legal requirements and administrative practices in order to promptly correct errors and create additional legal arguments.

Terms and procedure for appealing

After receiving a refusal, it is extremely important to take immediate action, since you only have 21 days to appeal. This period is critically short for the amount of work that needs to be done, so delay can significantly complicate the situation. The first stage of appeal is pre-trial appeal. It is submitted directly to the Ministry of Internal Affairs and must be carefully prepared. It is important that the appeal be reviewed by a higher-ranking official than the one who made the original decision.

If a pre-trial appeal is unsuccessful, you can appeal to the court of first instance, which hears cases on status issues. This process requires special training and competence of a lawyer.

Preparing to appeal: key steps

1. Analysis of interview protocols. It is important to obtain and analyze the transcripts of all interviews conducted at the Ministry of Internal Affairs. This will help identify discrepancies in testimony and prepare explanations for each controversial point.
2. Collecting evidence. The collection of evidence of the couple's life together should be as detailed as possible. This could include lease agreements, utility bills, bank statements showing shared expenses, photographs, and letters from neighbors and co-workers.
3. Preparing for follow-up interviews. A follow-up interview is not just a formal conversation, but a serious test for the couple. Preparation for it should include restoring the chronology of relationships and a detailed analysis of controversial issues identified during previous interviews.

Results of the appeal and further actions

After consideration of a pre-trial appeal, there may be different results:

• Positive decision. In this case, the process continues and the refusal is canceled.
• Schedule a follow-up interview. This is a good sign indicating the agency's willingness to reconsider the refusal. It is important to be well prepared for a new interview.
• Additional requirements. Sometimes the department may agree with the arguments of the appeal, but impose additional conditions, for example, the requirement to pay a cash deposit. In such cases, it is important to evaluate the feasibility of posting bail and possible alternatives.

Conclusion

Challenging a denial of status is a complex process that requires time, patience and professional assistance. It is important to understand that each refusal is not a final decision, but an opportunity to move on and seek justice. If you are faced with a refusal, do not delay solving the problem, contact a specialist to start an appeal within the prescribed period and get a positive result.