Caselaw

High Court of Justice 8425/13 Eitan Israeli Immigration Policy et al. v. Government of Israel - part 17

September 22, 2014
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(2) If the infiltrator did not report for the renewal of the license within a period exceeding 60 days from the expiration date and not exceeding 120 days from the said date – 180 days;

(3) If the infiltrator did not report for the renewal of the license within a period exceeding 120 days from the expiration date – one year.

(d) The Border Control Commissioner shall not issue an order to the detainee under subsections (a) and (b) or an order to an infiltrator under subsection (c), unless he has given him an opportunity to present his arguments before him; If the resident or infiltrator cannot be located, the Border Control Commissioner may issue the order in absentia, provided that he is given an opportunity to voice his arguments no later than 24 hours after he is transferred to custody.

(e) A resident or an infiltrator who has been transferred to custody under this section shall be brought before the Border Control Officer no later than five days from the date of the beginning of his detention; The Border Control Officer may order the release of the detainee from custody and his transfer to the Detention Center if he is convinced that the provisions of Section 30A(b) are fulfilled and subject to the qualifications listed in Section 30A(d), all with the necessary changes.

(f) An order under this section shall not be issued against a resident after one year has elapsed from the date of the end of the act for which such an order could have been issued.

(g) The Border Control Commissioner shall not order a transfer to custody for a period exceeding the longest period among the periods listed in this section with respect to any violation of the provisions of paragraphs (1) to (7) of subsection (a), due to a single act that constitutes a violation of more than one of the said provisions.

(h) The provisions of sections 30B to 30F shall apply to a person who has been transferred to custody under this section, with the necessary changes and such change: in section 30E(1)(a), instead of "not later than ten days" shall be read "not later than seven days".

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