Can Israel Revoke an Individual's Citizenship After 30 years? Court Rules: No

Background

This case discusses the issues of falsified documents being used to obtain Israeli citizenship based on Aliyah. Max is a man from Russia who had the desire to move and live in Israel. However, Max did not qualify for Aliyah due to not being of Jewish descent. With this, he falsified his religion as “Jewish”, and for over three decades the Israeli Ministry of the Interior threatened to revoke his citizenship, but never followed through.?By the time the State took legal action, it was too late.

Making Aliyah to Israel

Aliyah to Israel according to the 1950 Law of Return is the pathway of immigration to Israel. Individuals that are eligible to make Aliyah to Israel are Jews, children of Jews, as well as grandchildren of a Jew. Those that fit within these categories can commonly achieve Israeli citizenship in a smooth and readily quick manner.

The Process of Making Aliyah and receiving Israeli citizenship

The process for making Aliyah often starts with an individual’s status changing from a tourist to a new immigrant (in Hebrew "Oleh") when they are eligible to do so according to the Law of Return. This process must go through the Israeli Ministry of Interiors.? Applicants who are outside of Israel will use the assistance of the Jewish Agency for the Aliyah process.

Various documents are required for this process such as one’s passport, birth certificate, marital status certificate, proof of Judaism, valid official passport and pictures, background check, etc. The request will then go to the Ministry of the Interior Population Authority regional bureau. When Aliyah is granted, an individual will receive an Aliyah certificate, oleh-status sticker fixed to their passport, an Israeli identity card (ID), and also an Israeli passport.

Falsification of Documents to be granted Israeli Citizenship

In 1990, this young man, Max, a Russian citizen decided to make Aliyah and receive Israeli citizenship. However, as this man is not Jewish, he falsified his religion as “Jewish” on his birth certificate to fit the qualifications for making Aliyah.

After several years in Israel, in 1992 suspicion arose regarding his birth certificate and he was brought into the Ministry of the Interior. When he was called in, he admitted to faking his religion on his birth certificate. In turn, his Israeli ID was changed to a Russian nationality and his religion left blank. The Israeli Ministry of the Interior stated that his citizenship would be canceled due to his qualifications being falsified. However, from 1992 until 2011 Max did not hear anything from the Ministry of Interiors regarding his citizenship being revoked.

Israeli Citizenship and One’s Personal Life

In 2010, Max met Jennifer, an American non-Jewish woman. Both Max and Jennifer had the desire to live in Israel. After getting married outside of Israel, because inter-religion marriages are not allowed in Israel, they returned to the immigration office of Israel for Jennifer to receive a marriage visa . To receive a status of marriage, a couple must prove that their marriage is authentic with their marriage documents and Jennifer must have a background check done.

However, in this interview, Max was told that his citizenship needed to be canceled years ago. Max was told by the immigration officer that his citizenship was under question, and they would not grant Jennifer Citizenship.

At this point Max contacted our law firm to represent him.??

The Extended Legal Process of Max becoming a Citizen of Israel

After meeting with Advocate Joshua Pex, there did not seem to be much hope of Max keeping his Israeli Citizenship that he has had for many years. Between the years of 2011 and 2021 Max was summoned to appear at several hearings in which he would explain his side of the case, and yet nothing was ever done to evoke his citizenship. During this time Jennifer was not expelled from Israel. However, she was unable to work or receive health insurance benefits.

The Amendment that authorizes Israeli Citizenship to be revoked by the Minister requires that one’s citizenship is taken away within three years of that person becoming an Israeli national. Section 11 of the Nationality Law of Israel states, after this allotted time has passed the case must be taken to the District Court.

After more than 10 years of marriage, in 2021 Max received a court order that notified him that the prosecution and the lawyers representing the Ministry of the Interior have opened a file against him in Court in order to officially revoke his citizenship. Even before meeting with the Judge, Max was told by the prosecution that he would be allowed to keep Israeli Permanent Residence. Permanent Residence gives an individual an Israeli ID, but no Israeli passport. With his status of Permanent Residence, he would be able to grant his wife status within Israel.

The prosecution argued that due to falsifying documents and never being eligible to receive Israeli citizenship, it should be revoked. However, we argued that Max had been living and working in Israel for thirty-two years just as other citizens do. Additionally, he was nearing the age of pension in which he would receive benefits from Israel. During the time that Max lived in Israel he did not return to Russia, as he gave up his Russian passport when making Aliyah. Max had no ties in Russia after moving to Israel.

There was a clear delay of postponement that went on for many years demonstrating to the judge of the District Court that the Ministry of the Interior failed to revoke his citizenship in a timely manner when they first discovered the falsified documents. As Israel is a signatory of the International Convention to Reduce Stateless, it had a legal obligation not to leave him without any citizenship.

District Court Ruling - Citizenship can't be revoked after more than 30 years delay

This case was brought to the District Court and the Judge sided with the defense. The Judge acknowledged that the Ministry of the Interior knew of the falsified documents since 1992 and did not take any action to revoke Max’s citizenship.

The Judge noted that if the prosecution did not drop the case, he would side with the defense as these cases are extremely rare and all parties would like to avoid a written verdict. With this, the case was dropped, and Max was granted full Israeli Citizenship.??

As lawyers we obviously do not condone this behavior. However, this case is very unique and interesting to read and learn about.?

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Disclaimer: Names have been changed to protect our client’s privacy