Japan's Immigration Law Practice: An Overview (2024)

Introduction

Japan's immigration system is governed by a complex set of laws and regulations, with strict controls on entry, residence, and removal of foreign nationals. Recent legal reforms, especially those enacted in 2023 and 2024, have brought significant changes to procedures for deportation, detention, special permission to stay, and refugee recognition. This article provides a comprehensive overview of the practical aspects of immigration law in Japan, focusing on the latest legal developments and their impact on foreign nationals and legal practitioners.

1. Legal Framework and Key Statutes

• Constitution and International Treaties: Japan's Constitution and international human rights treaties (such as the Refugee Convention) provide the foundation for immigration law.
• Primary Laws: The Immigration Control and Refugee Recognition Act (ICRRA), the Special Act on Immigration Control, and the Technical Intern Training Act are the main statutes.
• Regulations and Guidelines: Enforcement orders, ministerial ordinances, official notifications, and internal guidelines (e.g., for special permission to stay, refugee procedures) supplement the main laws.
• Exclusions: Some administrative procedures (e.g., appeals under the Administrative Procedure Act) are partially excluded for immigration, refugee, and naturalization cases.

2. Overview of Immigration Procedures

Japan's immigration process is divided into four main stages:

• Entry and Landing
• Residence
• Departure, Deportation, and Departure Orders
• Refugee Recognition Foreign nationals are subject to detailed and strict controls, which differ significantly from those applied to Japanese citizens.

3. Departure, Deportation, and Departure Orders

• Voluntary Departure: Foreign nationals may leave Japan at their own will through standard departure procedures.
• Deportation Procedures: Involuntary removal is carried out through formal deportation procedures, which may involve detention.
• Departure Order System: Introduced in 2004, this system allows certain overstayers to leave Japan without detention and with a shorter re-entry ban (usually one year). Eligibility requires voluntary appearance at immigration, no prior deportation or departure order, and only minor violations (e.g., overstay without other offenses).

4. Deportation Procedures in Detail

Deportation is a multi-stage process:

• Stage I: Investigation and Determination
  • Immigration officers investigate suspected violations.
  • If grounds for deportation exist, a detention order may be issued.
  • The foreign national may request a hearing if they contest the findings.
• Stage II: Hearing and Decision
  • A special immigration hearing officer conducts an oral hearing, with the right to legal representation.
  • If the decision is contested, an objection can be filed.
• Stage III: Final Decision
  • The Minister of Justice (or a delegated official) makes the final decision, including whether to grant special permission to stay.
• Grounds for Deportation: Listed in Article 24 of the ICRRA, including illegal entry, overstay, visa cancellation, unauthorized work, and criminal convictions.

5. Special Permission to Stay

• Even if a foreign national is subject to deportation, the Minister of Justice may grant special permission to stay based on humanitarian or personal circumstances (e.g., family ties, long-term residence).
• 2024 Reform: The process for special permission to stay is now a separate, independent application, with clarified criteria and exclusion grounds. Applications can be made after detention or supervision measures are imposed but before a deportation order is finalized.
• Reconsideration: In practice, new facts arising after a deportation order may be submitted for reconsideration ("saishin jōgan").

6. Immigration Detention and Release Mechanisms

• Types of Detention: Detention may be ordered during deportation procedures (up to 30 days, extendable) or after a deportation order (potentially indefinite until removal is possible).
• Detention Facilities: Immigration detention centers and local facilities are used.
• Treatment of Detainees: The 2024 reform introduced new legal standards for detainee treatment, but some protections have been criticized as weaker than previous regulations.
• Meetings and Communication: Lawyers may meet detainees without time limits; online meetings are being piloted. Letters are generally not restricted, but may be inspected. Outbound calls are allowed; inbound calls are usually not.
• Release Mechanisms: Release may be sought through provisional release (karihōmen) or, less commonly, by court-ordered suspension of detention or deportation orders.
• Provisional Release: The main practical method for release, often subject to bail and movement restrictions.

7. Supervision Measures (Kansatsu Shobun)

• 2024 Reform: Introduced a new supervision system as an alternative to detention. Under supervision, a designated supervisor monitors the foreign national, who is not detained. There are two types: before and after a deportation order. Employment may be permitted in some cases. Both the supervised person and supervisor have legal obligations.

8. Removal (Sokan) and Related Procedures

• Execution of Removal: Once a deportation order is issued, removal should be carried out promptly. Most removals are self-funded; if not, the government may cover costs, often resulting in longer detention.
• New Measures (2024): Reforms introduced mechanisms to expedite removal, including shortened re-entry bans, removal planning, exceptions for certain destinations, and new requirements for passport issuance and compliance.
• Notice of Removal: In some cases, advance notice of removal is provided, especially if a lawyer acts as guarantor.

9. Refugee Recognition and Complementary Protection

• Refugee Application: Foreign nationals may apply for refugee status. The process can run parallel to deportation procedures, but does not automatically grant residence status.
• Suspension of Removal: Generally, removal is suspended during refugee application review, but the 2024 reform allows exceptions in certain cases.
• Outcomes: Recognized refugees are usually granted "Long-Term Resident (5 years)" status. Humanitarian cases may receive "Designated Activities (1 year)" status.
• Complementary Protection: As of December 2023, a new system recognizes those at risk of serious harm (not strictly refugees) and grants them long-term resident status.

10. Residence Status and Related Applications

• Types of Status: Japan has over 30 activity-based and 4 status-based residence categories, plus special permanent resident status.
• Key Applications:
  • Extension of period of stay
  • Change of status
  • Re-entry permit
  • Permanent residence
  • Permission for activities outside status
  • Acquisition of status (e.g., by birth)
• Screening Criteria: Applications are reviewed based on legal requirements, official guidelines, and humanitarian considerations.
• Application Process: Applications are usually made in person, but can be handled by registered attorneys or administrative scriveners. Processing times vary.

11. Legal Remedies and Support Systems

• Appeals: Unsuccessful applicants may request oral explanations of reasons and reapply. Administrative litigation is possible, but applicants may be detained during proceedings.
• Legal Representation: Lawyers can act as representatives in deportation and refugee procedures. For residence applications, registered attorneys and scriveners may act as proxies.
• Legal Aid: The Japan Legal Support Center (Houterasu) and the Japan Federation of Bar Associations offer legal aid for those unable to afford representation, with some limitations for immigration cases.

12. Key Points of the 2023–2024 Legal Reforms

• Detention: Shift from mandatory detention to a more flexible system, with new supervision measures and legal standards for detainee treatment.
• Special Permission to Stay: Now a separate application, with clarified criteria and exclusion grounds.
• Removal: New systems to expedite removal and partially lift suspension of removal during refugee applications.
• Refugee and Complementary Protection: Introduction of complementary protection status for those at risk of serious harm.

Conclusion

Japan's immigration law is undergoing rapid change, with a growing emphasis on balancing strict control with humanitarian considerations. Legal practitioners and foreign nationals must stay informed of the latest reforms to navigate the system effectively. For detailed advice or representation, consult a qualified immigration lawyer or legal support organization.