According to the counsellor of the Embassy of the State of Israel in Ottawa, a Jewish immigrant who meets the conditions set out in the Law of Return will automatically receive Israeli citizenship once in Israel (9 Nov. 1994). Although the immigration procedure can be initiated outside Israel, citizenship is only awarded to the immigrant once s/he has arrived in Israel (ibid.). Please refer to Response to Information Request ISR18879.E of 14 November 1994, available at your Regional Documentation Centre, for additional information on the acquisition of Israeli citizenship.

The following information was provided in a 10 November 1994 telephone interview with a civil rights lawyer in Jerusalem who represents immigrants from the former Soviet Union, and who also works with the Zionist Forum.

Jews from the former Soviet Union can come to Israel either as olim (immigrants) under the Law of Return, or on a tourist/visitor's visa. Immigration under the Law of Return is a formal immigration procedure that involves an investigation by the Israeli embassy in the applicant's country of origin. Once the investigation is completed and the applicant is accepted as an immigrant, he will receive full Israeli citizenship upon arrival in Israel. He will also receive all the benefits provided to new immigrants by the Ministry of Absorption. However, should the embassy investigation discover that the applicant falls under one of the three disqualifying criteria described in paragraph 2(b) of the Law of Return, his application for immigration to Israel might be denied (ibid.).

Should a Jew from the former Soviet Union come to Israel on either a tourist or a visitor's visa and decide to become an immigrant, in accordance with the Law of Return, he must go to the foreign office and provide documentation proving his Jewishness. Once his Jewishness has been established, he must go to the Ministry of the Interior to exchange his tourist/visitor's visa for an immigrant visa. The Ministry of the Interior will then investigate the applicant's background, a process that usually takes approximately two to three weeks. Throughout the investigation period, the applicant's status continues to be that provided by the tourist/visitor visa. Should the Ministry of the Interior discover that the applicant falls into one of the three disqualifying categories listed in paragraph 2(b) of the Law of Return, the applicant might be refused, in which case refused, he will not be granted Israeli citizenship (ibid.).

There is no formal review procedure to challenge a negative decision, nor can the individual appeal to a regular court (ibid.). However, the individual can appeal to the head of population registration in Jerusalem, which is a branch of the Ministry of the Interior. Should the head of population registration also deny the application, the applicant can then appeal to the High Court of Justice, whose decision is final. A positive decision of the High Court will over-ride the negative decision of the Minister of the Interior, and the applicant will be accepted. The applicant will then go to the Ministry of Absorption, will receive all the benefits provided for new immigrants, and will be granted Israeli citizenship (ibid.).

The attachment from the Association of Americans and Canadians in Israel (AACI) provides further information on the subject of visas issued to Jews entering Israel with either an oleh visa or a temporary resident (A-1) visa.

A letter sent by the Canadian embassy in Tel Aviv to Citizenship and Immigration Canada International Service and forwarded to the DIRB states that although citizenship is granted automatically to a Jewish immigrant, and although a travel document can be obtained immediately, an Israeli passport cannot be issued until one year of residency in Israel has been completed (26 Sept. 1994, 1).

In reference to article 2 of the attached Law of Return, the embassy official in Ottawa explained that an oleh's visa is a special visa issued by any Israeli embassy or consulate to any Jew wishing to immigrate to Israel (9 Nov. 1994). According to the attached copy of the Law of Return, an immigrant visa (oleh visa) will be granted to every Jew wishing to immigrate to Israel, unless "the Minister of the Interior is satisfied that the applicant (1) is engaged in an activity directed against the Jewish people; (2) is likely to endanger public health or the security of the State; or (3) is a person with criminal past, likely to endanger public welfare" (6 July 1950). The embassy official offered examples of each case in which an immigrant's visa would be rejected by the Ministry of the Interior: under subparagraph 2(b)(1), a Jew who collaborated with the Nazis; under subparagraph 2(b)(2), a Jew who worked as a spy against Israel; and under subparagraph 2(b)(3), a Jew with a criminal past (ibid.). With regard to subparagraph 2(b)(3), the official referred to the specific case of a Jewish American mafia leader who immigrated to Israel and was immediately given Israeli citizenship. His Israeli citizenship was revoked once his criminal past was discovered, but only after a lengthy process. The official stated that the Minister of the Interior is not obliged to justify his decision for refusing to issue an immigrant's visa. The embassy official was unable to provide information on the recourse available to an individual whose application for an immigrant visa had been denied (ibid.).

When asked whether he was aware of any cases in which a Jew came to Israel under the Law of Return and was denied Israeli citizenship, the civil rights lawyer stated that he was only aware of cases in which it had been determined that the Jewish identity of the individual was forged (10 Nov. 1994). Israeli citizenship was also denied under subparagraph 2(B)(1) to some missionaries who proselytized against Judaism, and under subparagraph 2(B)(3) to Meyer Lansky, the Jewish Mafioso (ibid.). Please consult the attachment from the New York University Journal of International Law and Politics which discusses the case of Lansky vs Minister of Interior, in which the Israeli Supreme Court refused to grant Lansky, a reputed underworld crime figure, an immigrant's visa. This attachment also provides information on the appeal procedure followed by Lansky once his application was denied.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Citizenship and Immigration Canada International Service, Hull. 26 September 1994. Letter faxed to the DIRB.

Civil rights lawyer, Jerusalem. 10 November 1994. Telephone interview.

Embassy of the State of Israel, Ottawa. 9 November 1994. Telephone interview with counsellor.

Association of Americans and Canadians in Israel, Jerusalem. 22 November 1994. Fax sent to the DIRB.

Citizenship and Immigration Canada International Service, Hull. 26 September 1994. Letter faxed to the DIRB.
Israel. The Law of Return. 6 July 1950 (UNHCR/REFLEG)

New York University Journal of International Law and Politics. 1973. Vol. 6, No. 2. Mark Grayson. "Israeli Citizenship Law Immigrant Visa Meaning of Section 2(b)(3) of the Law of Return: Lansky v. Minister of Interior," pp. 385-96.