Case Number

HCJ 199/53

Date Decided

2-24-1954

Decision Type

Original

Document Type

Full Opinion

Abstract

The petitioner, who had entered Israel unlawfully, was detained by the police pursuant to an order of deportation issued by the police commandant of the Jerusalem District under section 13 of the Entry into Israel Law, 1952, who also directed that he be held in custody until the order was executed. The police, who suspected the petitioner of having engaged in espionage activities, and who had previously begun enquiries in regard thereto, continued the detention of the petitioner while these enquiries were being pursued without taking any steps to execute the order of deportation.

Held : Assuming that the order of deportation was originally issued with the genuine intention of deporting the petitioner the use to which it was subsequently put, namely, as a means of holding the petitioner in custody for the purpose of completing the police investigations was unlawful, and the petitioner should therefore be released.

Keywords

Immigration Law -- Asylum, Immigration Law -- Deportation

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