The court backed the State's response to a petition submitted by two human rights groups: Hotline for Migrant Workers and The Refugee Rights Clinic at Tel Aviv University.

The refugees, most of whom survived the massacre in Darfur, were caught after crossing the border and were put in administrative detention under the Law of Infiltration. They have been held at the Ketziot military prison without access to legal advice, support, or an opportunity to plea their case for political asylum.

The rights groups petitioned the court in late May demanding that the detainees undergo standard legal procedure.

Their argument is that there was no legal justification for holding persons seeking political asylum in administrative detention, particularly since it is grounded in an emergency law that was legislated in the 1950s.

The State has already formulated an amendment to the Law of Infiltration that includes a judicial review of the status of asylum seekers. However, since the amendment is still not in force the High Court instructed the State to offer a temporary legal solution to the status of the Sudanese refugees.

Under this temporary arrangement, the asylum seekers will be brought before a judicial panel appointed by Defense Minister Amir Peretz. Attorney Elad Azar, who currently reviews the custody of foreign workers held at Ma'asiyahu Prison, will head the review panel.

Azar will review the detention procedure of the refugees and will forward Peretz his legal opinion on whether they should be released on bail or be kept in custody.

The court will review this temporary arrangement in thirty days.