Caselaw

High Court of Justice 8425/13 Eitan Israeli Immigration Policy et al. v. Government of Israel - part 15

September 22, 2014
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Transfer to custody 32K. (A) If the Border Control Commissioner finds that a resident has committed one of the following, he may order in an order that he be transferred to custody for a period to be determined in the order, subject to the provisions of subsection (b):

(1) He was late to report for the registration of attendance on the dates of appearance set in accordance with Section 32H(d) or did not appear for registration on such dates, repeatedly, without receiving approval to do so under Section 32H(c);

(2) Repeatedly and systematically violated the rules of conduct established by the Director of the Center under Section 32J(a)(2) in a manner that is likely to cause real harm to the order of the Center;

(3) caused real damage to property;

(4) causing injury to the body;

(5) a servant, in contravention of the provisions of section 32f;

(6) He did not appear at the center on the date set for his appearance under the stay order, and if he was transferred to custody under this section, he did not appear at the center at the end of his detention period;

(7) Left the detention center and did not return to it within 48 hours of the date on which he was required to return in accordance with the provisions of this chapter and the instructions given thereunder, without receiving permission to do so under section 32H(c).

(b) The period of custody ordered by the Border Control Officer in an order under subsection (a) shall not exceed the period as detailed below, as the case may be:

(1) The order was issued for reasons as stated in subsection (a)(1) to (3) – 30 days;

(2) The order was issued due to a cause as stated in subsection (a)(4) –

(a) In the case of an order issued to a detainee for the first time on the same ground, 30 days;

(b) with respect to an order that is granted to the person for a second time on the same grounds – 60 days;

(c) In any additional order given to the detainee for the same reason – 90 days;

(3) The order was issued for reasons as stated in subsection (a)(5) –

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