Rights & Duties – of asylum seekers

Rights

  • You have the right not to be deported to your country of origin while your asylum application is being considered. Asylum-seekers cannot be expelled or returned to a country or territory where their life or physical integrity is at risk of being violated.
  • You have the right to education for children who are over three years old. It is compulsory for children over three years old who have been in Israel for over three months to attend kindergarten/school, regardless of the legal status of their parents.  If you do not send your child to school, you are in violation of Israeli law.
  • Your 2(a)(5) conditional release visa gives you the right to stay and work while you await a decision on your asylum claim. For non-Eritreans and Sudanese, the right to work is subject to a waiting period of six months if you applied for asylum after the first year of your arrival in Israel and three months if you applied for asylum within a year of your arrival, depending on the amount of time you have been in Israel prior to seeking asylum. …
  • Employed asylum-seekers are entitled to health insurance. If you are not employed, you still have the right to access emergency healthcare in hospitals.

Duties

As an asylum seeker you have certain rights, but you also have a responsibility to the country where you are living.

  • You must respect and obey all laws of Israel, as well as the rights, beliefs, and opinions of others.  
  • You must not get involved in any activity considered a criminal offense under Israeli law, including sexual violence, domestic violence, forgery and other offenses set out in the Criminal Code. 

What happens if I am arrested?

The police does not have the right to enter your home unless a search warrant has been issued permitting them to do so. The police officers must provide the occupants of the house with the warrant. The order must be written in a language you understand, and it must include the precise address of the house.

No violence must be used during the arrest. If you resist arrest, a police officer may use reasonable force to ensure the arrest.

You have the right to make a phone call to inform of your arrest. Before a police interrogation you have a right to consult with a lawyer. If you don’t have a lawyer, you can ask to have one appointed to you by the State, which may be provided if you meet certain conditions, including lack of financial capacity.

If you have a hearing by the Ministry of Interior, you also have a right to be represented by a lawyer, but you cannot get a state-appointed lawyer. You can contact Hotline or HIAS for help obtaining a lawyer.


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