
Australian Tribunal Says Israeli Siblings Opposed to Military Service Can Reapply for Asylum
NEW YORK(VINnews) — Three Israeli siblings who oppose compulsory military service because they believe they could be required to participate in military operations in Gaza have been granted the right to reapply for protection visas in Australia after a government tribunal found they have a well-founded fear of persecution if returned to Israel, The Guardian reported.
The decision by Australia’s Administrative Review Tribunal, first published in March, found the siblings could face imprisonment for refusing mandatory service in the Israel Defense Forces because of their political beliefs.
The family, which moved to Australia about a decade ago on the father’s work visa, applied for protection visas in 2024 after their visas expired. Australian authorities initially rejected the application.
The tribunal rejected the family’s argument that they qualified for refugee protection because of the threat of attacks by Hamas, finding that any harm resulting from the conflict would not constitute persecution directed specifically at them.
However, the tribunal accepted testimony from the family’s three adult children that they had agreed to refuse compulsory military service because they believed they could be required to participate in actions that would violate international humanitarian law.
The tribunal found the siblings could face prison sentences of up to two years for refusing military service and concluded that such punishment would amount to persecution based on their political opinions.
The ruling cited international legal proceedings and reports alleging violations of international humanitarian law during Israel’s military campaign in Gaza, while noting it was not making any final determination on those allegations and that Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant are entitled to the presumption of innocence in proceedings before the International Criminal Court.
The tribunal concluded the siblings met Australia’s obligations under the Refugee Convention because they faced a well-founded fear of persecution by the Israeli state for refusing compulsory military service and ordered the family’s protection visa application to be reconsidered.