Case Law

The Court is requested to order the voidness of section 4 of the Prevention of Infiltration and Ensuring the Departure of Infiltrators from Israel 5775-2014 (Legislative Amendments and Temporary Provisions) 5775-2014 (hereinafter: the "Amending Law") that obliges foreign workers who entered Israel not through a border crossing (hereinafter: "Infiltrator Workers") and their employers to deposit in a special bank account a total amount at a rate of 36% of the worker's wages that will be paid to the worker only at the time of his departure from Israel (hereinafter: the "Deposit Scheme"). In short, the Petitioners argue that the Deposit Scheme, in general, or in the least some of its components, is unconstitutional and therefore should be voided.

23 April 2020 | Judicial Body: Israel: High Court of Justice | Topic(s): Administrative law - Asylum-seekers - Constitutional law - Illegal entry - Non-refoulement | Countries: Eritrea - Israel - Sudan

23 April 2020 | Judicial Body: Israel: High Court of Justice | Topic(s): Economic, social and cultural rights - Illegal entry - Immigration law - Right to employment | Countries: Eritrea - Israel - Sudan

For related decisions see Adam and others v. The Knesset and others (7146/12); Doe and others v. Ministry of Interior and others (1192/13); Tahangas and others v. Ministry of Interior (1247/13) & Eitan – Israeli Immigration Policy Center et al. v. The Israeli Government et al. These decisions deal with Amendments 3, 4 and 5 to the Law for the Prevention of Infiltration taken by the Supreme Court in its capacity as the High Court of Justice.

10 August 2015 | Judicial Body: Israel: Supreme Court | Topic(s): Freedom of movement - Immigration Detention - Non-refoulement | Countries: Israel

For related decisions see Tashuma Noga Desta et al. v. The Knesset et al. & Adam and others v. The Knesset and others (7146/12); Doe and others v. Ministry of Interior and others (1192/13); Tahangas and others v. Ministry of Interior (1247/13). These decisions deal with Amendments 3, 4 and 5 to the Law for the Prevention of Infiltration taken by the Supreme Court in its capacity as the High Court of Justice.

22 September 2014 | Judicial Body: Israel: Supreme Court | Topic(s): Access to procedures - Immigration Detention | Countries: Israel

6 June 2014 | Judicial Body: Switzerland: Tribunal administratif fédéral | Topic(s): Safe third country | Countries: Eritrea - Israel - Switzerland

For related decisions see Tashuma Noga Desta et al. v. The Knesset et al. & Eitan – Israeli Immigration Policy Center et al. v. The Israeli Government et al. These decisions deal with Amendments 3, 4 and 5 to the Law for the Prevention of Infiltration taken by the Supreme Court in its capacity as the High Court of Justice.

16 September 2013 | Judicial Body: Israel: Supreme Court | Topic(s): Access to procedures - Asylum-seekers - Border controls - Effective remedy - Freedom of movement - Non-refoulement - Refugees - Rejection at border - Right to seek asylum - Rule of law / Due process / Procedural fairness | Countries: Israel

18 April 2013 | Judicial Body: Israel: Beer Sheva District Court | Countries: Eritrea - Israel

18 April 2013 | Judicial Body: Israel: Supreme Court | Countries: Eritrea - Israel

20 June 2012 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Persecution based on political opinion - Social group persecution | Countries: Australia - Israel

25 October 2011 | Judicial Body: Canada: Federal Court | Topic(s): Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Canada - Israel