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# This English translation of the Immigration Control and Refugee Recognition Act has been prepared (up to the revisions of Act No. 80 of 2006 (promulgation June 21, 2006)) in compliance with the Standard Bilingual Dictionary (March 2006 edition). This is an unofficial translation. Only the original Japanese texts of laws and regulations have legal effect, and the translations are to be used solely as reference material to aid in the understanding of Japanese laws and regulations. The Government of Japan shall not be responsible for the accuracy, reliability or currency of the legislative material provided in this website, or for any consequence resulting from use of the information in this website. For all purposes of interpreting and applying law to any legal issue or dispute, users should consult the original Japanese texts published in the Official Gazette.
Immigration Control and Refugee Recognition Act (Act No. 319 of 1951)
CHAPTER I GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of the Immigration Control and Refugee Recognition Act is to provide for equitable control over the entry into or departure from Japan of all persons and to consolidate the procedures for recognition of refugee status.
Article 2 (Definition)
The terms in the following items as used in the Immigration Control and Refugee Recognition Act and the orders pursuant to the Act shall have such meanings as defined in each item respectively.
(i) Deleted.
(ii) The term "alien1" means a person who does not have Japanese nationality.
(iii) The term "crew member" means a crew member of a vessel or aircraft.
(iii-2) The term "refugee" means a refugee who falls under the provisions of Article 1 of the Convention relating to the Status of Refugees (hereinafter referred to as the "Refugee Convention") or the provisions of Article 1 of the Protocol relating to the Status of Refugees.
(iv) The term "Japanese consular officer" means a Japanese ambassador, minister or consular officer who is stationed in a foreign country.
(v) The term "passport" means any of the following documents:
(a) A passport, a refugee travel document or any other certificate in lieu of the passport (including a travel certificate issued by a Japanese consular officer) issued by the Japanese Government, a foreign government recognized by the Japanese Government or any authorized international organization.
(b) A document, which is equivalent to the documents listed in (a), issued by any authorized organization of the region as provided for by a Cabinet Order.
(vi) The term "crew member's pocket-ledger" means a mariner's pocket-ledger or any other equivalent document issued to a crew member by an authorized organization.
(vii) The term "trafficking in persons" means any of the following acts:
(a) The kidnapping or the buying or selling of persons for the purpose of profit, indecency or threat to a person's life or body, or delivering, receiving, transporting or hiding such persons who have been kidnapped or bought or sold;
(b) In addition to the acts listed in sub-item (a), placing persons under 18 years of age under one's own control for the purpose of profit, indecency or threat to a person's life or body;
(c) In addition to the acts listed in sub-item (a), delivering persons under 18 years of age, knowing that they will be or are likely to be placed under the control of a person who has the purpose of profit, indecency or threat to a person's life or body.
(viii) The term "port of entry or departure" means a seaport or airport at which an alien enters or departs from Japan, as provided for by a Ministry of Justice ordinance.
(ix) The term "carrier" means an operator who is engaged in the business of transporting persons or goods by means of a vessel or aircraft between Japan and areas outside of Japan.
(x) The term "immigration inspector" means the immigration inspector provided for in Article 61-3.
(xi) The term "supervising immigration inspector" means an immigration inspector of supervisory rank designated by the Minister of Justice.
(xii) The term "special inquiry officer" means an immigration inspector designated by the Minister of Justice and authorized to hold hearings.
(xii-2) The term "refugee inquirer" means an immigration inspector designated by the Minister of Justice to execute the duties prescribed in Article 61-3, paragraph (2), item (ii) (limited to the parts pertaining to Article 22-4, paragraph (2), as applied mutatis mutandis to Article 61-2-8, paragraph (2)) and in item (vi) (limited to the parts pertaining to Article 61-2-14, paragraph (1)).
(xiii) The term "immigration control officer" means the immigration control officer provided for in Article 61-3-2.
(xiv) The term "investigation into violations" means an investigation conducted by an immigration control officer into cases of violation of laws or regulations on entry, landing or residence of an alien.
(xv) The term "immigration detention center" means the immigration detention center provided for in Article 13 of the Act for Establishment of the Ministry of Justice (Act No.93 of 1999).
(xvi) The term "detention house" means the detention facility provided for in Article 61-6.
Article 2-2 (Status of Residence and Period of Stay)
(1) An alien may reside in Japan only under a status of residence determined by the permission for landing, the permission for acquisition or the permission for any changes thereof, except as otherwise provided for by the Immigration Control and Refugee Recognition Act or other laws.
(2) The categories of statuses of residence shall be as listed in Appended Tables I and II. An alien residing in Japan under a status of residence listed in the left-hand column of Table I may engage in the activities listed in the right-hand column corresponding to that status, while an alien residing under a status of residence listed in the left-hand column of Table II may engage in the activities of a person with the status or position listed in the right-hand column corresponding to that status.
(3) The period during which an alien may reside as set forth in paragraph (1) (hereinafter referred to as "period of stay") shall be determined for each status of residence by a Ministry of Justice ordinance; and when the status of residence is one other than that of diplomat, official or permanent resident, the period of stay shall not exceed 3 years (5 years in the case of the status of residence of "Designated Activities" (except for those related to d. in the right-hand column of (5) of Appended Table I).
CHAPTER II ENTRY AND LANDING
SECTION I ENTRY OF AN ALIEN
Article 3 (Entry of an Alien)
(1) Any alien who falls under any of the following items shall not enter Japan.
(i) A person who does not possess a valid passport (except for a crew member possessing a valid crew member's pocket-ledger).
(ii) A person who intends to land in Japan without receiving a seal of verification for landing or undergoing the recording of prescribed data pursuant to the provisions of Article 9, paragraph (4), or without obtaining authorized permission for landing (hereinafter referred to as "permission for landing") from an immigration inspector (except for those set forth in the preceding item).
(2) An alien who seeks to become a crew member in Japan shall be deemed to be a crew member with regard to the application of the provisions of the preceding paragraph.
SECTION II LANDING OF AN ALIEN
Article 4 Deleted
Article 5 (Denial of Landing)
(1) Any alien who falls under any of the following items shall be denied permission for landing in Japan.
(i) A person who falls under any of the following categories of infections, which are provided for by the Act on Prevention of Infections and Medical Care for Patients with Infections (Act No. 114, 1998): Category 1 or Category 2 infections or designated infections (limited to the infections to which the provisions of Article 19 or 20 of the same Act shall apply mutatis mutandis, pursuant to the provisions of a Cabinet Order pursuant to the provisions of Article 7 of the same Act) including a person who is regarded as a patient of Category 1 or Category 2 infections or designated infections pursuant to the provisions of Article 8 of the same Act, or any person who has symptoms of a new infection.
(ii) A person who, due to a mental disorder, is unable to understand right from wrong or whose capacity for such understanding is significantly lacking, and is not accompanied by those persons provided for by a Ministry of Justice ordinance to assist him or her in engaging in activities in Japan.
(iii) A person who is indigent or without a fixed dwelling place and is likely to become a burden on the Japanese Government or a local public entity because of an inability to make a living.
(iv) A person who has been convicted of a violation of any law or regulation of Japan, or of any other country, and has been sentenced to imprisonment with or without work for 1 year or more, or to an equivalent penalty. However, this shall not apply to those convicted of a political offense.
(v) A person who has been convicted of a violation of any law or regulation of Japan or of any other country relating to the control of narcotics, marijuana, opium, stimulants or psychotropic substances, and has been sentenced to a penalty.
(v-2) A person who has been convicted of a violation of any law or regulation of Japan or of any other country or has been deported from Japan pursuant to the provisions of the Immigration Control and Refugee Recognition Act or deported from any other country pursuant to the provisions of any law or regulation of that country for killing, injuring, assaulting or threatening a person, or damaging a building or other objects in relation to the process or results of an international competition or a competition of an equivalent scale or an international conference (hereinafter referred to as "international competition") or with the intent of preventing the smooth operation thereof, and is likely to kill, injure, assault or threaten a person, or damage a building or other objects in relation to the process or results of an international competition held in Japan or with the intent of preventing the smooth operation thereof, at the venue of the international competition or within the area of the municipality where the venue is located (this refers to "ward" in areas where the Tokyo special wards exist or in designated cities prescribed in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No.67 of 1947)) or to neighboring places provided for use to unspecified persons or a number of persons.
(vi) A person who illegally possesses any narcotics or psychotropic substances prescribed in the Narcotics and Psychotropic Substances Control Act (Act No. 14 of 1953), or marijuana prescribed in the Marijuana Control Act (Act No. 124 of 1948), or poppy, opium or poppy plants prescribed in the Opium Control Act (Act No. 71 of 1954), or stimulants or raw materials used to make stimulants as prescribed in the Stimulants Control Act (Act No. 252 of 1951), or any other apparatus used for smoking or eating opium.
(vii) A person who has engaged in prostitution, or intermediation or solicitation of prostitutes for other persons or provision of a place for prostitution, or any other business directly connected to prostitution (except for those who have engaged in these businesses under the control of another due to trafficking in persons).
(vii-2) A person who has committed trafficking in persons or incited or aided another to commit it.
(viii) A person who illegally possesses firearms, swords or other such weapons as prescribed in the Act for Controlling the Possession of Firearms or Swords and Other Such Weapons (Act No.6 of 1958) or explosives as provided for by the Explosives Control Act (Act No.149 of 1950).
(ix) A person who falls under any of (a) to (d) where the period set forth in the relevant provisions has not yet elapsed:
(a) A person who has been denied landing for any of the reasons prescribed in the provisions of either item (vi) or the preceding item---1 year from the date of denial.
(b) A person who has been deported from Japan for any of the reasons set forth in any of the items of Article 24 (except for item (iv), sub-items (l) to (o), and items (iv-3) and has not previously been deported from Japan or has not previously departed from Japan under a departure order pursuant to the provisions of Article 55-3, paragraph (1), before the aforesaid date of deportation---5 years from the date of deportation.
(c) A person (except for those listed in sub-item (b)) who has previously been deported from Japan for falling under any of the items of Article 24 (except for item (iv), sub-items (l) to (o), and item (iv-3) ---10 years from the date of deportation.
(d) A person who has departed from Japan under a departure order pursuant to the provisions of Article 55-3, paragraph 1---1 year from the date of departure.
(ix-2) A person who has been sentenced to imprisonment with or without work on the charge of a crime provided for in Book II, Chapters XII, XVI to XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code of Japan (Act No. 45 of 1907), or in Article 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code of Japan) of the Act on Punishment of Physical Violence and Other Related Matters (Act No. 60 of 1926), or the Act for Prevention and Disposition of Robbery, Theft, and Other Related Matters (Act No. 9 of 1930), or Article 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools, and Other Related Matters(Act No. 65 of 2003) during his/her stay in Japan with the status of residence listed in the left-hand column of Appended Table I, who subsequently left Japan and whose sentence became final and binding when he or she was outside of Japan, and for whom 5 years have not yet elapsed from the date when the sentence became final and binding.
(x) A person who has been deported from Japan for falling under any of Article 24, item (iv), sub-items (1) to (o).
(xi) A person who attempts or advocates the overthrow of the Constitution of Japan or the Government formed thereunder by means of force or violence, or who organizes or is a member of a political party or any organization which attempts or advocates the same.
(xii) A person who organizes, or is a member of, or is closely affiliated with any of the following political parties or organizations:
(a) A political party or organization which encourages acts of violence or the assault, killing, or injury of officials of the Government or of local public entities for the reason of their being such officials
(b) A political party or organization which encourages illegal damage or destruction of public facilities
(c) A political party or organization which encourages acts of dispute such as stopping or preventing normal maintenance or operation of security facilities of a plant or place of work
(xiii) A person who attempts to prepare, distribute, or exhibit printed matters, motion pictures, or any other documents or drawings to attain the objectives of any political party or organization prescribed in item (xi) or the preceding item.
(xiv) In addition to those persons listed in items (i) to (xiii), a person whom the Minister of Justice has reasonable grounds to believe is likely to commit an act which could be detrimental to the interests or public security of Japan.
(2) Even in cases where an alien seeking to land in Japan does not fall under any of the items of the preceding paragraph, if the country of which he or she is a national or citizen denies landing to a Japanese national therein for any reasons other than those set forth in the items of the same paragraph, the Minister of Justice may deny his/her landing for the same reasons.
CHAPTER III PROCEDURES FOR LANDING
SECTION I EXAMINATION FOR LANDING
Article 6 (Application for Landing)
(1) Any alien (except for a crew member; hereinafter the same shall apply in this section) who seeks to land in Japan shall possess a valid passport with a visa issued by a Japanese consular officer. However, a visa is not required for the passport of an alien for whom a visa issued by a Japanese consular officer shall be deemed unnecessary pursuant to an international agreement or through notification to that effect from the Japanese Government to a foreign government or for the passport of an alien for whom the re-entry permission pursuant to the provisions of Article 26 has been granted or for the refugee travel document which has been issued pursuant to the provisions of Article 61-2-12.
(2) The alien set forth in the first sentence of the preceding paragraph shall apply for landing to an immigration inspector at the port of entry or departure where he seeks to land and undergo an examination for landing in accordance with the procedures provided for by a Ministry of Justice ordinance.
(3) An alien who seeks to apply for landing as set forth in the preceding paragraph shall provide to an immigration inspector information for personal identification (fingerprints, photographs or other information as provided for by a Ministry of Justice ordinance that serves to identify the individual; the same shall apply hereinafter) in an electromagnetic form (an electronic form, a magnetic form or other forms that cannot be recognized by human perception; the same shall apply hereinafter) for use by a computer as provided for by a Ministry of Justice ordinance, which is utilized for personal identification of the applicant, pursuant to the provisions of the Ministry of Justice ordinance. However, this shall not apply to a person who falls under any of the following items:
(i) A special permanent resident provided for by the Special Act on the Immigration Control of, Inter Alia, Those who have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan (Act No. 71 of 1991) (hereinafter referred to as a "special permanent resident").
(ii) A person who is under 16 years of age.
(iii) A person who seeks to engage in Japan in an activity listed in the right-hand column under "Diplomat" or "Official" of (1) of Appended Table I.
(iv) A person who is invited by the head of any national administrative organ.
(v) A person provided for by a Ministry of Justice ordinance as equivalent to a person listed in any of the two items immediately preceding this item.
Article 7 (Immigration Inspector's Examination)
(1) When the application set forth in paragraph (2) of the preceding Article is made, an immigration inspector shall conduct an examination of the said alien as to whether or not he or she conforms to each of the following conditions for landing in Japan. (With respect to an alien who has received re-entry permission pursuant to the provisions of Article 26, paragraph (1) or a refugee travel document pursuant to the provisions of Article 61-2-12, paragraph (1), only the conditions listed in the following items (i) and (iv) are to be applied.)
(i) The passport possessed by the alien and the visa affixed thereto, if such is required, must be valid.
(ii) The activities to be engaged in while in Japan stated in the application must not be false, and must fall under any of the activities listed in the right-hand column of Appended Table I (with respect to the activities listed in the right-hand column of Appended Table I (5) (only the part pertaining to d.), the proposed activities must be activities designated by the Minister of Justice in the Official Gazette), or the activities of a person with the status or position listed in the right-hand column of Appended Table II (the position listed in the right-hand column under "Permanent Resident" shall be excluded; with respect to the position listed in "Long-Term Resident", the proposed position must be one of the positions designated by the Minister of Justice in the Official Gazette), and with respect to those who intend to engage in the activities listed in the right-hand column of Appended Table I (2) and (4) and in the right-hand column of Appended Table I (5) (only the part pertaining to b.), the activities shall conform to the conditions provided for by a Ministry of Justice ordinance which shall be provided for in consideration of factors including but not limited to the effects on Japanese industry and public welfare.
(iii) The period of stay stated in the application must conform to the provisions of the Ministry of Justice ordinance pursuant to the provisions of Article 2-2, paragraph (3).
(iv) The alien must not fall under any of the items of Article 5, paragraph (1).
(2) The alien subject to the examination set forth in the preceding paragraph shall prove that he or she conforms to the conditions for landing prescribed therein. In this case, an alien who seeks to engage in an activity listed in the right-hand column of (5) of Appended Table I (only the parts pertaining to (a) to (c)) shall use the certificate as provided for in the following Article to prove that he or she conforms to the conditions as listed in item (ii) of the same paragraph.
(3) The Minister of Justice shall consult with the heads of the relevant administrative organs in prescribing the ordinance set forth in paragraph (1), item (ii).
(4) Notwithstanding the provisions of paragraph (1), if an alien who, an immigration inspector acknowledges does not fall under any item of paragraph (3) of the preceding Article, fails to provide information for personal identification pursuant to the provisions of the same paragraph, the inspector shall deliver the alien to a special inquiry officer for a hearing pursuant to the provisions of Article 10.
Article 7-2 (Certificate of Eligibility)
(1) Upon advance application by an alien intending to land in Japan (except for those who intend to engage in the activities listed in the right-hand column corresponding to "Temporary Visitor" specified in Appended Table I (3)), the Minister of Justice, pursuant to the provisions of a Ministry of Justice ordinance, may issue a certificate of eligibility stating that the alien concerned conforms to the conditions set forth in Article 7, paragraph (1), item (ii).
(2) The application for issuance of a certificate of eligibility as set forth in the preceding paragraph may be made by a member of staff of the organization wishing to accept the alien concerned, or by some other agent, as provided for by a Ministry of Justice ordinance.
Article 8 (Boarding of a Vessel or Aircraft)
An immigration inspector may, when conducting the examination set forth in Article 7, paragraph (1), board a vessel or aircraft.
Article 9 (Seal of Verification for Landing)
(1) If as a result of the examination, an immigration inspector finds that an alien conforms to the conditions for landing prescribed in Article 7, paragraph (1), he shall endorse as such by affixing a seal of verification for landing in the passport of the alien.
(2) In the case referred to the preceding paragraph, the determination of whether or not the alien falls under Article 5, paragraph (1), item (i) or item (ii) shall be made subject to a medical examination by a physician designated by the Minister of Health, Labour and Welfare or the Minister of Justice.
(3) The immigration inspector shall, when affixing the seal of verification for landing set forth in paragraph (1), decide the status of residence and period of stay of the alien concerned and enter it clearly in his/her passport. However, this shall not apply in cases where the alien lands with the re-entry permission pursuant to the provisions of Article 26, paragraph (1), or if the alien lands with a refugee travel document issued pursuant to the provisions of Article 61-2-12, paragraph (1).
(4) When an immigration inspector has found that an alien who falls under any of the following items conforms to the conditions for landing prescribed in Article 7, paragraph (1), he may record the alien's name, date of landing, the port of entry or departure at which the alien lands or other data as provided for by a Ministry of Justice ordinance on a file used as a record, which is a substitute for the seal of verification for landing and that is available on a computer as provided for by a Ministry of Justice ordinance. In this case, notwithstanding the provisions of paragraph (1) of this Article, the immigration inspector does not have to affix the seal of verification set forth in the same paragraph.
(i) The alien is registered pursuant to the provisions of paragraph (7) of this Article.
(ii) The alien has provided information for personal identification in an electromagnetic form pursuant to the provisions of the Ministry of Justice ordinance when making an application for landing.
(5) Except for cases where a seal of verification for landing is affixed pursuant to the provisions of paragraph (1) or the data is recorded pursuant to the provisions of the preceding paragraph, the immigration inspector shall deliver the alien to a special inquiry officer for a hearing pursuant to the provisions of the following Article.
(6) Except for cases where the special provisions of Section 4 apply, an alien shall not land unless he/she has had his/her passport endorsed by the seal of verification for landing pursuant to the provisions of paragraph (1) of this Article, paragraph (8) of the following Article or Article 11, paragraph (4), or he/she has had his/her data recorded pursuant to the provisions of paragraph (4) of this Article.
(7) If an alien residing in Japan who desires to depart from Japan with the intention of landing again in Japan falls under all of the following items (except for item (iii) in the case of a special permanent resident) and desires to have his/her data recorded pursuant to the provisions of paragraph (4) of this Article at the port of entry or departure at which he/she lands, the Minister of Justice may make a registration to that effect pursuant to the provisions of a Ministry of Justice ordinance.
(i) The alien has been granted a re-entry permit pursuant to the provisions of Article 26, paragraph (1) or possesses a refugee travel document which has been issued to him/her pursuant to the provisions of Article 61-2-12, paragraph (1).
(ii) The alien has provided information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(iii) The alien does not fall under any of the items of Article 5, paragraph (1) at the time of such registration.
SECTION II HEARING AND FILING OF AN OBJECTION
Article 10 (Hearing)
(1) A special inquiry officer shall, when he/she has taken delivery of an alien pursuant to the provisions of Article 7, paragraph (4) or paragraph (5) of the preceding Article, promptly conduct a hearing on the alien.
(2) The special inquiry officer shall, when he/she has conducted a hearing, prepare a record thereof.
(3) The alien or a representative appearing upon his/her request may, in the course of the hearing, produce evidence and examine the witnesses.
(4) The alien may have the attendance of one of his/her relatives or acquaintances with the permission of the special inquiry officer.
(5) The special inquiry officer may, ex officio or upon the request of the alien, order the appearance of witnesses, put them under oath and seek testimony in accordance with the procedures provided for by a Ministry of Justice ordinance.
(6) The special inquiry officer may make inquiries to public offices or to public or private organizations and request submission of reports on necessary facts if found necessary for the hearing.
(7) When the special inquiry officer finds, as a result of the hearing, that the alien who has been delivered to him/her pursuant to the provisions of Article 7, paragraph (4) does not fall under any of the items of paragraph (3) of Article 6, he/she shall promptly notify the alien of the findings and order the alien to depart from Japan and shall likewise inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the alien arrived. However, this shall not apply if the alien provides the special inquiry officer with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(8) If the special inquiry officer finds, as a result of the hearing, that the alien (in the case of an alien who has been delivered to him/her pursuant to the provisions of Article 7, paragraph (4), this will only apply to an alien who, a special inquiry officer finds, falls under any item of Article 6, paragraph (3) or to an alien who provides the special inquiry officer with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance; hereinafter the same shall apply in paragraph (10)) conforms to the conditions for landing as prescribed in Article 7, paragraph (1), the special inquiry officer shall immediately affix the seal of verification for landing in the passport of the alien.
(9) The provisions of paragraph (3) of the preceding Article shall apply mutatis mutandis to the seal of verification for landing set forth in the preceding paragraph.
(10) If the special inquiry officer finds, as a result of the hearing, that the alien does not conform to the conditions for landing prescribed in Article 7, paragraph (1), he/she shall promptly notify the alien of the findings and the reason therefor, and inform the alien that he/she may file an objection pursuant to the provisions of the following Article.
(11) If the alien, upon receipt of the notice set forth in the preceding paragraph, has no objection to the findings set forth in the preceding paragraph, the special inquiry officer shall order the alien to depart from Japan after he/she has signed a statement that he/she will not file an objection and shall likewise inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the alien arrived.
Article 11 (Filing of an Objection)
(1) If an alien who has received the notice set forth in paragraph (10) of the preceding Article has an objection to the findings, he/she may, within 3 days from receipt of the notice, file an objection with the Minister of Justice by submitting a document with a statement of his/her complaint to a supervising immigration inspector in accordance with the procedures provided for by a Ministry of Justice ordinance.
(2) If the objection set forth in the preceding paragraph is filed, the supervising immigration inspector shall submit to the Minister of Justice the records of the hearing as set forth in paragraph (2) of the preceding Article and other pertinent documents.
(3) When the Minister of Justice has received the objection pursuant to the provisions of paragraph (1), he/she shall decide whether or not the objection is with reason and notify the supervising immigration inspector of such decision.
(4) The supervising immigration inspector shall, if he/she has received from the Minister of Justice a notice of a decision to the effect that the objection is with reason, immediately affix the seal of verification for landing in the passport of the alien.
(5) The provisions of Article 9, paragraph (3) shall apply mutatis mutandis to the affixing of the seal of verification for landing set forth in the preceding paragraph.
(6) The supervising immigration inspector shall, if he/she has received from the Minister of Justice a notice of a decision to the effect that the objection is without reason, inform the alien promptly of the decision and order him/her to depart from Japan, and shall likewise inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the alien arrived.
Article 12 (Special Cases of Decisions of the Minister of Justice)
(1) In making a decision as set forth in paragraph (3) of the preceding Article, the Minister of Justice may, even if he/she finds that the objection filed is without reason, grant special permission for landing to such alien if the alien concerned falls under any of the following items.
(i) He/She has received permission for re-entry.
(ii) He/She has entered Japan under the control of another due to trafficking in persons.
(iii) The Minister of Justice finds that circumstances exist that warrant the granting of special permission for landing.
(2) The permission set forth in the preceding paragraph shall be regarded, with respect to application of paragraph (4) of the preceding Article, as a decision to the effect that the objection filed was with reason.
SECTION III PROVISIONAL LANDING AND OTHER RELATED MATTERS
Article 13 (Permission for Provisional Landing)
(1) A supervising immigration inspector may, if he/she finds it specifically necessary during the process of the procedures for landing as prescribed in this Chapter, grant permission for provisional landing to an alien until completion of the procedures.
(2) If the supervising immigration inspector grants the permission set forth in the preceding paragraph, he/she shall issue a provisional landing permit to the alien.
(3) If the permission set forth in paragraph (1) is granted, the supervising immigration inspector may impose restrictions on the alien's residence and area of movement, oblige the alien to appear at a summons, and may impose other necessary conditions pursuant to the provisions of a Ministry of Justice ordinance, and have him/her pay a deposit in Japanese currency not exceeding 2 million yen or an equivalent amount in a foreign currency provided for by a Ministry of Justice ordinance.
(4) The deposit set forth in the preceding paragraph shall be returned to the alien concerned when the alien has received the seal of verification for landing pursuant to the provisions of Article 10, paragraph (8) or Article 11, paragraph (4), or when the alien is ordered to depart from Japan pursuant to the provisions of Article 10, paragraph (7) or 11 or Article 11, paragraph (6).
(5) If the alien who has been granted the permission set forth in paragraph (1) has violated the conditions imposed pursuant to the provisions of paragraph (3) and if the alien has fled or failed to appear at a summons without justifiable reason, the supervising immigration inspector shall sequestrate the whole or in other cases part of the deposit set forth in the same paragraph pursuant to the provisions of a Ministry of Justice ordinance.
(6) If the supervising immigration inspector has reasonable grounds to suspect that the alien who has been granted the permission as set forth in paragraph (1) is likely to flee, he/she may issue a written detention order and have the alien detained by an immigration control officer.
(7) The provisions of Articles 40, 41 and Article 42, paragraph (1) shall apply mutatis mutandis to the detention pursuant to the provisions of the preceding paragraph. In this case, "the written detention order set forth in paragraph (1) of the preceding Article" in Article 40 shall be deemed to be replaced with "the written detention order set forth in Article 13, paragraph (6)"; "the suspect" with "the alien granted permission for provisional landing"; and "the summary of the suspected offense" with "grounds for detention", respectively. In Article 41, paragraph (1), "shall be within 30 days. However, if a supervising immigration inspector finds that there are unavoidable reasons, he/she may extend such period for only a further 30 days" shall be deemed to be replaced with "for a period of time preceding the completion of procedures for landing provided for in Chapter III which the supervising immigration inspector finds to be necessary"; and in paragraph (3) of the same Article and Article 42, paragraph (1), "a suspect" shall be deemed to be replaced with "an alien granted permission for provisional landing".
Article 13-2 (Place of Stay for an Alien Ordered Exclusion)
(1) In the event that the exclusion which has been ordered pursuant to the provisions of Article 10, paragraph (7) or (11) or Article 11, paragraph (6) cannot be carried out due to the operating schedule of the vessel or aircraft or other reasons not imputable to the alien, a special inquiry officer or a supervising immigration inspector may permit the alien to stay in a designated facility in the vicinity of the port of entry or departure for a designated period, pursuant to the provisions of a Ministry of Justice ordinance.
(2) The special inquiry officer or the supervising immigration inspector shall, when he/she has designated the facility and the period set forth in the preceding paragraph, likewise inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the alien arrived.
SECTION IV SPECIAL CASES OF LANDING
Article 14 (Permission for Landing at a Port of Call)
(1) An immigration inspector may grant an alien (except for crew members) aboard a vessel or aircraft permission for landing at the port of call if he/she is to proceed via Japan to an area outside Japan, and desires to land and stay for not more than 72 hours in an area in the vicinity of the port of entry or departure upon an application from the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft. However, this shall not apply to an alien who falls under any of the items of Article 5, paragraph (1).
(2) When the immigration inspector finds it necessary for examination pertaining to the granting of the permission set forth in the preceding paragraph, he/she may require the alien to provide him/her with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(3) In granting the permission set forth in paragraph (1), the immigration inspector shall affix a seal of verification for landing at the port of call in the passport of the alien concerned.
(4) In granting the permission set forth in paragraph (1), the immigration inspector may impose restrictions on the alien's period of landing, area of movement and other necessary conditions pursuant to the provisions of a Ministry of Justice ordinance.
Article 15 (Permission for Landing in Transit)
(1) An immigration inspector may grant an alien (except for crew members) aboard a vessel permission for landing in transit upon an application from the captain of the vessel or the carrier who operates the vessel, when such alien desires to land temporarily for sightseeing purposes while the vessel is in Japan and to return to said vessel at another port of entry or departure at which the vessel is scheduled to call.
(2) An immigration inspector may, upon an application from the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft, grant an alien (except for crew members) aboard the vessel or aircraft permission for landing in transit when such alien desires to proceed via Japan to an area outside Japan and to make a transit stop in order to depart from Japan within 3 days of his/her entry into Japan from another port of entry or departure in the vicinity of the port at which the said alien entered Japan on board a vessel or aircraft other than the one on which the alien arrived in Japan.
(3) When the immigration inspector finds it necessary for examination pertaining to the granting of the permission set forth in the preceding two paragraphs, he/she may require the alien to provide him/her with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(4) In granting the permission set forth in paragraph (1) or (2), the immigration inspector shall affix a seal of verification for landing in transit in the passport of the alien concerned.
(5) In granting the permission set forth in paragraph (1) or (2), the immigration inspector may impose restrictions on the alien's period of landing, route to be followed in transit and other necessary conditions pursuant to the provisions of a Ministry of Justice ordinance
(6) The provisions of the proviso to paragraph (1) of the preceding Article shall apply mutatis mutandis in the cases referred to in paragraphs (1) and (2) of this Article.
Article 16 (Landing Permission for Crew Members)
(1) An immigration inspector may grant landing permission for crew members to a foreign crew member (including those who have become crew members in Japan; hereinafter the same shall apply in this Article) who desires to land for a period not exceeding 15 days for the purpose of transferring to another vessel or aircraft (including boarding of a vessel or aircraft), rest, shopping or other similar purposes upon an application from the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft (including the vessel or aircraft he/she is to board) in accordance with the procedures provided for by a Ministry of Justice ordinance.
(2) An immigration inspector may grant landing permission for crew members to a crew member who falls under any of the following items if he/she finds that there are reasonable grounds to do so:
(i) Where a foreign crew member of a vessel placed on regular service between Japan and other countries or of other vessels frequently entering into Japanese ports of entry and departure, wishes to land in Japan for rest, shopping or other similar purposes on multiple occasions within 1 year from the date of permission, upon an application from the captain of the vessel or the carrier who operates the vessel on which the alien is aboard, in accordance with the procedures provided for by a Ministry of Justice ordinance.
(ii) Where a foreign crew member of a carrier engaged in regular airline services between Japan and other countries wishes to land in Japan for a period not exceeding fifteen days from each arrival date for rest, shopping or other similar purposes and to depart from the same airport of entry or departure as a crew member of an aircraft belonging to the same carrier, on multiple occasions within 1 year from the date of permission, upon an application from the carrier concerned, in accordance with the procedures provided for by a Ministry of Justice ordinance.
(3) When the immigration inspector finds it necessary for examination pertaining to the granting of the permission set forth in the preceding two paragraphs, he/she may require the alien to provide him/her with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(4) In granting the permission set forth in paragraph (1) or (2), the immigration inspector shall issue a crew member's landing permit to the crew member concerned.
(5) In granting the permission set forth in paragraph (1), the immigration inspector may impose restrictions on the crew member's period of landing, area of movement (including the route to be followed in transit) and other necessary conditions pursuant to the provisions of a Ministry of Justice ordinance.
(6) The provisions of the proviso to Article 14, paragraph (1), shall apply mutatis mutandis in the cases referred to in paragraphs (1) and (2) of this Article.
(7) When the crew member who has been granted the permission set forth in paragraph (2) of this Article intends to land based on such permission, the immigration inspector may, if he/she finds it necessary to do so, require the crew member to provide him/her with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(8) When the crew member who has been granted the permission set forth in paragraph (2) intends to land based on such permission, and when the immigration inspector finds that the crew member falls under any of the items of Article 5, paragraph (1), the immigration inspector shall revoke the permission immediately.
(9) In addition to the cases referred to in the preceding paragraph, the immigration inspector may revoke the permission, in accordance with the procedures provided for by a Ministry of Justice ordinance, if the immigration inspector finds it inappropriate to continue granting the permission concerned. In this case, when the crew member is in Japan, the immigration inspector shall designate a period within which the crew member shall return to his/her ship or depart from Japan.
Article 17 (Permission for Emergency Landing)
(1) In the case of disease or any other accident, which urgently requires the landing of an alien aboard a vessel or aircraft for the purpose of undergoing medical treatment, an immigration inspector may grant permission for emergency landing to the alien concerned based on an application from the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft until the cause thereof ceases to exist, subject to a medical examination by a physician designated by the Minister of Health, Labour and Welfare or the Minister of Justice.
(2) When the immigration inspector finds it necessary for examination pertaining to the granting of the permission set forth in the preceding paragraph, he/she may require the alien to provide him/her with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(3) In granting the permission set forth in paragraph (1), the immigration inspector shall issue an emergency landing permit to the alien concerned.
(4) When the permission set forth in paragraph (1) has been granted, the captain of the vessel or aircraft or the carrier set forth in the same paragraph shall be liable to pay the costs of living, medical treatment, or the funeral service of the alien concerned and any other expenses incurred during the emergency landing.
Article 18 (Landing Permission Due to Distress)
(1) An immigration inspector may, if a vessel or aircraft is in distress and he/she finds it necessary for rescue and protection of alien victims on board the vessel or aircraft or any other emergency measures to be carried out, grant the alien concerned permission for landing due to distress based on an application from the mayor of the city, town or village which is carrying out the rescue and protection work pursuant to the provisions of the Sea Casualties Rescue Act (Act No.95 of 1899), or upon an application from the captain of the vessel or aircraft which has carried out the rescue and protection of the alien victims, the captain of the vessel or aircraft in distress or the carrier who operates the vessel or aircraft.
(2) The immigration inspector shall grant permission for landing due to distress immediately, notwithstanding the provisions of the preceding paragraph, when he/she has taken delivery of the alien set forth in the preceding paragraph from a police official or coast guard officer.
(3) When the immigration inspector finds it necessary for examination pertaining to the granting of the permission set forth in paragraph (1) of this Article, he/she may require the alien to provide him/her with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance. This will also apply if he/she finds it necessary to do so when taking delivery of the alien pursuant to the provisions of the preceding paragraph.
(4) In granting the permission set forth in paragraph (1) or (2), the immigration inspector shall issue a landing permit due to distress to the alien concerned.
(5) In granting the permission set forth in paragraph (1) or paragraph (2), the immigration inspector may impose restrictions on the alien's period of landing, area of movement and other necessary conditions pursuant to the provisions of a Ministry of Justice ordinance.
Article 18-2 (Landing Permission for Temporary Refuge)
(1) An immigration inspector may grant permission for landing for temporary refuge upon an application from an alien aboard a vessel or aircraft, who is considered to fall under all of the following items:
(i) A person who has entered Japan on the grounds prescribed in Article 1, paragraph A-(2) of the Refugee Convention or other equivalent grounds thereto after fleeing from a territory where his/her life, body or physical freedom was likely to be endangered.
(ii) It would be appropriate for permission for temporary landing to be granted.
(2) When the immigration inspector finds it necessary for examination pertaining to the granting of the permission set forth in the preceding paragraph, he/she may require the alien to provide him/her with information for personal identification in an electromagnetic form pursuant to the provisions of a Ministry of Justice ordinance.
(3) In granting the permission set forth in paragraph (1), the immigration inspector shall issue a landing permit for temporary refuge to the alien concerned.
(4) In granting the permission set forth in paragraph (1), the immigration inspector may impose restrictions on the alien's period of landing, residence, area of movement and other necessary conditions pursuant to the provisions of a Ministry of Justice ordinance.
CHAPTER IV RESIDENCE AND DEPARTURE
SECTION I RESIDENCE, CHANGE OF STATUS OF RESIDENCE, REVOCATION AND OTHER RELATED MATTERS
Article 19 (Residence)
(1) Any alien who is a resident under a status of residence listed in the left-hand column of Appended Table I shall not engage in the activities set forth in the following items, with regard to the categories identified therein, except for cases where he/she engages in them with permission set forth in paragraph (2) of this Article.
(i) An alien who is a resident under a status of residence listed in the left-hand column of Appended Tables I (1), I (2) and I (5): activities related to the management of business involving income or activities for which he/she receives reward (except for rewards for lectures not given on a regular basis, incidental reward in daily life and other payments provided for by a Ministry of Justice ordinance; the same shall apply hereinafter), which are not included in those activities listed in the right-hand column of those tables corresponding to each status of residence.
(ii) An alien who is a resident under a status of residence listed in the left-hand column of Appended Tables I (3) and I (4): activities related to the management of business involving income or activities for which he/she receives reward.
(2) When an application has been submitted by an alien who is a resident under a status of residence listed in the left-hand column of Appended Table I, in accordance with the procedures provided for by a Ministry of Justice ordinance, to engage in activities related to the management of business involving income or activities for which he/she receives reward, which are not included in those activities listed in the right-hand column of the same table, the Minister of Justice may grant permission if he/she finds reasonable grounds to do so to the extent that there is no impediment to the original activities under the status of residence.
(3) Any foreign crew member who has been granted permission for landing pursuant to the provisions of Articles 16 to 18 shall continue to be regarded as a crew member, after ceasing to be a crew member through discharge, as long as he/she remains in Japan.
Article 19-2 (Certificate of Authorization for Employment)
(1) When an application has been submitted by an alien residing in Japan, the Minister of Justice may issue a document which certifies the eligibility of the applicant for activities related to the management of business involving income or activities for which he/she receives reward pursuant to the provisions of a Ministry of Justice ordinance.
(2) No one shall discriminate in employing an alien for failure to show or submit the certificate set forth in the preceding paragraph, when it is evident that the person concerned is authorized to engage in activities related to the management of business involving income or activities for which he/she receives reward.
Article 20 (Change of Status of Residence)
(1) Any alien who has a status of residence may have his/her status of residence changed (including the period of stay thereon; hereinafter the same shall apply in paragraphs (1) to (3)) (in the case of an alien residing under the status of residence of "Designated Activities," including a change in the activities specifically designated by the Minister of Justice with respect to the person concerned).
(2) Any alien who wishes to have his/her status of residence changed pursuant to the provisions of the preceding paragraph shall apply to the Minister of Justice for the change of status of residence in accordance with the procedures provided for by a Ministry of Justice ordinance. However, if he/she desires to have his status of residence changed to that of "Permanent Resident", he shall comply with the procedures pursuant to the provisions of Article 22, paragraph (1).
(3) When an application for change of status of residence has been submitted as set forth in the preceding paragraph, the Minister of Justice may grant permission only when he/her finds that there are reasonable grounds to grant the change of status of residence on the strength of the documents submitted by the alien. However, in the case of an application submitted by a person whose status of residence is "Temporary Visitor", permission shall not be granted unless the application is made based on special unavoidable circumstances.
(4) When the permission set forth in the preceding paragraph has been granted, if the alien has his/her passport in his/her possession, the Minister of Justice shall have an immigration inspector enter the new status of residence and period of stay in the passport of the alien, and if the alien does not have a passport in his/her possession, shall have the immigration inspector either issue to the alien a certificate of status of residence with the new status of residence and period of stay entered or enter the new status of residence and period of stay in the previously issued certificate of status of residence. In this case, the permission will become effective as of the time of entry or issuance.
Article 21 (Extension2 of Period of Stay)
(1) Any alien residing in Japan may, without changing his/her status of residence, have his/her period of stay extended.
(2) Any alien who wishes to have his/her period of stay extended pursuant to the provisions of the preceding paragraph shall apply to the Minister of Justice for an extension of such period in accordance with the procedures provided for by a Ministry of Justice ordinance.
(3) When the application set forth in the preceding paragraph has been submitted, the Minister of Justice may grant permission only when he/she finds that there are reasonable grounds to grant the extension of the period of stay on the strength of the documents submitted by the alien.
(4) When the permission set forth in the preceding paragraph has been granted, if the alien has his/her passport in his/her possession, the Minister of Justice shall have an immigration inspector enter the new period of stay in the passport of the alien, and if the alien does not have a passport in his/her possession shall have the immigration inspector either issue to the alien a certificate of status of residence with the status of residence and new period of stay entered or enter the new period of stay in the previously issued certificate of status of residence. In this case, the provisions of the second sentence of paragraph (4) of the preceding Article shall apply mutatis mutandis.
Article 22 (Permission for Permanent Residence)
(1) Any alien who wishes to change his/her status of residence to that of "Permanent Resident" shall apply to the Minister of Justice for permission for permanent residence in accordance with the procedures provided for by a Ministry of Justice ordinance.
(2) When the application set forth in the preceding paragraph has been submitted, the Minister of Justice may grant permission only when he/she finds that the alien conforms to the following items and that his/her permanent residence will be in accordance with the interests of Japan. However, the following items do not have to be conformed to in cases of the spouse and children of Japanese nationals, of residents with permanent residence status or of special permanent residents.
(i) The alien's behavior and conduct must be good.
(ii) The alien must have sufficient assets or skills to make an independent living.
(3) When the permission set forth in the preceding paragraph has been granted, if the alien has his/her passport in his/her possession, the Minister of Justice shall have an immigration inspector repeal the status of residence and period of stay entered in the alien's passport and affix a seal of verification for permanent residence in his/her passport, and if the alien does not have his/her passport in his/her possession shall have the immigration inspector issue to the alien a certificate of status of residence with permission for permanent residence. In this case, the permission will become effective as of the time of affixing of the seal of verification or issuance of the certificate.
Article 22-2 (Acquisition of Status of Residence)
(1) Any person who has renounced Japanese nationality or any alien who is to stay in Japan without following the procedures for landing as provided for in the preceding Chapter, through birth or for any other cause, may, notwithstanding the provisions of Article 2-2, paragraph (1), continue to stay in Japan without acquiring a status of residence for a period not exceeding 60 days, on and after the date of his/her renouncement of Japanese nationality, birth, or other cause.
(2) The alien prescribed in the preceding paragraph who wishes to stay in Japan for longer than the period set forth in the same paragraph, shall apply to the Minister of Justice for the acquisition of status of residence in accordance with the procedures pursuant to the provisions of a Ministry of Justice ordinance within 30 days, on and after the date of his/her renouncement of Japanese nationality, birth, or other cause.
(3) The provisions of Article 20, paragraphs (3) and (4) shall apply mutatis mutandis to the procedures for an application to acquire status of residence prescribed in the preceding paragraph (except for an application to acquire the status of residence of permanent resident). In this case, "the change of status of residence" in Article 20, paragraph (3) shall be deemed to be replaced with "the acquisition of status of residence".
(4) The provisions of the preceding Article shall apply mutatis mutandis to the procedures for an application to acquire the status of residence of permanent resident, in the course of the application to acquire the status of residence as prescribed in paragraph (2). In this case, "to change his/her status of residence" in paragraph (1) of the preceding Article shall be deemed to be replaced with "to acquire his/her status of residence"; in the same paragraph "to change his/her status of residence to that" shall be deemed to be replaced with "to acquire his/her status of residence"; in paragraph (3) of the same Article "repeal the status of residence and period of stay entered in the alien's passport and affix a seal of verification for permanent residence in his/her passport" shall be deemed to be replaced with "affix a seal of verification for permanent residence in his/her passport".
Article 22-3
The provisions of paragraphs (2) to (4) of the preceding Article shall apply mutatis mutandis to an alien who has received permission for landing for the temporary refuge prescribed in Article 18-2, paragraph (1), only in cases where he/she is to reside under any status of residence listed in the left-hand column of Appended Table I or II. In this case, "within 30 days, on and after the date of his/her renouncement of Japanese nationality, birth, or other cause" in paragraph (2) of the preceding Article shall be deemed to be replaced with "within the period of landing pertaining to the permission for landing".
Article 22-4 (Revocation3 of Status of Residence)
(1) Where any of the following facts are found with respect to an alien residing in Japan under a status of residence listed in the left-hand column of Appended Table I or Appended Table II (except for those recognized as refugees set forth in Article 61-2, paragraph (1)), the Minister of Justice may revoke the alien's status of residence in accordance with the procedures provided for by a Ministry of Justice ordinance.
(i) The alien has received, by deceit or other wrongful means, a seal of verification for landing (including recording of the data on the computer file pursuant to the provisions of Article 9, paragraph (4)) or special permission pursuant to the provisions of Chapter III, Section I or II, on the consideration that he/she does not fall under any of the items of Article 5, paragraph (1).
(ii) The alien has received, by deceit or other wrongful means, a seal of verification for landing (a seal of verification for landing or special permission pursuant to the provisions of Chapter III, Section I or II (limited to those with the decision of status of residence) or the permission pursuant to the provisions of this section (except for Article 19, paragraph (2)), and where two or more seals or permissions have been granted, the most recent; hereinafter the same shall apply in this item, the next item, and item (iv)), on the consideration that the activities stated in the application for such permission, as those in which he/she intends to be engaged are not false and fall under any of the activities listed in the right-hand column of Appended Table I or the activities of a person with the status or position listed in the right-hand column of Appended Table II.
(iii) In addition to the cases listed in the preceding two items, the alien has received, by deceit or other wrongful means, a seal of verification for landing.
(iv) In addition to the cases listed in the preceding three items, the alien has received, by submitting or presenting a document that contains a false entry (including the certificate pursuant to the provisions of Article 7-2, paragraph (1), obtained by submitting or presenting a document or drawing that contains a false entry and a visa obtained for the passport by submitting or presenting a document or drawing that contains a false entry) or a drawing that contains a false entry, a seal of verification for landing.
(v) In addition to the cases listed in any of the preceding items, the alien residing under a status of residence listed in the left-hand column of Appended Table I has failed to continue to engage in the activities listed in the right-hand column corresponding to that status for three months or more while residing in Japan (except for cases where the alien has justifiable reason for not engaging in the activities while residing in Japan).
(2) When revoking the status of residence pursuant to the provisions of the preceding paragraph, the Minister of Justice shall have an immigration inspector that he/she has designated hear the opinion of the alien.
(3) When having the designated immigration inspector hear the opinion pursuant to the provisions of the preceding paragraph, the Minister of Justice shall notify the alien, in advance, of the date and place of the hearing as well as the facts constituting the grounds for the revocation.
(4) The alien or a representative may appear on the date set forth in the preceding paragraph to state an opinion and submit evidence.
(5) When the alien fails to appear before the hearing set forth in paragraph (2) without justifiable reason, the Minister of Justice may, notwithstanding the provisions of the same paragraph, revoke the status of residence pursuant to the provisions of paragraph (1) without hearing the alien's opinion.
(6) When revoking the status of residence pursuant to the provisions of paragraph (1) (limited to those pertaining to item (iii) to item (v)), the Minister of Justice shall designate a period not exceeding 30 days within which the alien shall depart from Japan.
(7) When designating the period pursuant to the provisions of the preceding paragraph, the Minister of Justice may impose restrictions on the alien's residence and area of movement, and other necessary conditions pursuant to the provisions of a Ministry of Justice ordinance.
SECTION II CONDITIONS FOR RESIDENCE
Article 23 (Carrying and Presentation of Passport or Permit)
(1) Any alien in Japan shall carry on his/her person at all times the passport or provisional landing permit, crew member's landing permit, emergency landing permit, landing permit due to distress, landing permit for temporary refuge or permit for provisional stay. However, this shall not apply if the alien carries on his/her person the alien registration certificate provided for in the Alien Registration Act (Act No.125 of 1952).
(2) The alien set forth in the preceding paragraph shall present his/her passport or permit set forth in the same paragraph to an immigration inspector, immigration control officer, police official, coast guard officer or any other official of the state or local public entity as provided for by a Ministry of Justice ordinance, if such official requests the presentation of the passport or permit in the execution of his/her duties.
(3) The official prescribed in the preceding paragraph shall, in cases where he/she requests the presentation of the passport or permit set forth in paragraph (1), carry with him/her an identification card showing his/her official status and present it upon request.
(4) The provisions referred to in the first sentence of paragraph (1) shall not apply to an alien under 16 years of age.
Article 24 (Deportation)
Any alien who falls under any of the following items may be deported from Japan in accordance with the procedures provided for in the following Chapter.
(i) A person who has entered Japan in violation of the provisions of Article 3.
(ii) A person who has landed in Japan without obtaining permission for landing from an immigration inspector.
(ii-2) A person whose status of residence has been revoked pursuant to the provisions of Article 22-4, paragraph (1) (limited to those pertaining to item (i) or item (ii)).
(ii-3) A person who has received a designated period of stay pursuant to the provisions of Article 22-4, paragraph (6) (including cases where it is applied mutatis mutandis to Article 61-2-8, paragraph (2)) and has stayed in Japan beyond the designated period.
(iii) A person who has forged or altered a document or drawing, has prepared a false document or drawing, or has used, possessed, transferred or lent a forged or altered document or drawing or false document or drawing, or has arranged the transfer or lending thereof with the intent of helping another alien to illegally receive issuance of a certificate, a seal of verification for landing (including recording of the prescribed data pursuant to the provisions of Article 9, paragraph (4)) or special permission pursuant to the provisions of Chapter III, Section I or II, permission for landing pursuant to the provisions of Chapter III, Section IV or the permission pursuant to the provisions of Section I of this chapter or Section III of the following chapter.
(iii-2) A person who the Minister of Justice determines, having reasonable grounds to believe as much, is likely to commit a criminal act for the purpose of intimidation of the general public and of governments (hereinafter in this item to be referred to as the "criminal act for the purpose of intimidation of the general public and of governments") provided for in Article 1 of the Act for Punishment of the Financing of Criminal Activities for the Purpose of Intimidation of the General Public and of Governments (Act No. 67 of 2002), the act of preparing for the criminal act for the purpose of intimidation of the general public and of governments, or the act of facilitating the criminal act for the purpose of intimidation of the general public and of governments.
(iii-3) A person whose entry into Japan shall be prevented pursuant to an international agreement.
(iv) An alien residing in Japan (except for those to whom permission for provisional landing, permission for landing at a port of call, permission for landing in transit, landing permission for crew members, or landing permission due to distress has been granted) who falls under any of the following sub-items:
(a) A person who is clearly found to be engaged solely in activities related to the management of business involving income or activities for which he/she receives reward in violation of the provisions of Article 19, paragraph (1) (except for those under the control of another due to trafficking in persons).
(b) A person who has stayed in Japan beyond the period of stay authorized without obtaining an extension or change thereof.
(c) A person who has committed trafficking in persons or incited or aided another to commit it.
(d) A person who has been punished for violation of the provisions of paragraph (1) (except for item (vi)) to paragraph (3) of Article 23 of the Passport Act (Act No. 267 of 1951).
(e) A person who has been punished for violation of the provisions of Articles 74 to 74-6-3, or 74-8.
(f) A person who has been sentenced to imprisonment or a heavier punishment for violation of the provisions of laws and regulations relating to alien registration, except for those who have been found guilty with suspension of execution of sentence.
(g) A person who is a juvenile provided for by the Juvenile Act (Act No.168 of 1948) and who has been sentenced on or after November 1, 1951, to imprisonment with or without work for not less than 3 years.
(h) A person who has been convicted on or after November 1, 1951, for violation of a provision of the Narcotics and Psychotropic Substances Control Act, the Marijuana Control Act, the Opium Control Act, the Stimulants Control Act, the Act on Special Provisions for the Narcotics and Psychotropics Control Act, etc. and Other Matters for the Prevention of Activities Encouraging Illicit Conduct and Other Activities Involving Controlled Substances through International Cooperation (Act No.94 of 1991) or Book II, Chapter XIV of the Penal Code (Act No.45 of 1907).
(i) In addition to those persons listed in sub-items (d) to (h), a person who has been sentenced on or after November 1, 1951, to imprisonment with work or imprisonment for life or for a period of not less than 1 year. However, this shall not apply to those who have been found guilty with suspension of execution of sentence.
(j) A person who engages or has engaged in prostitution, or intermediation or solicitation of prostitutes for others, or provision of a place for prostitution, or any other business directly connected to prostitution (except for those under the control of another due to trafficking in persons).
(k) A person who has stirred up, incited, or aided the illegal entry or illegal landing of another alien into Japan.
(l) A person who attempts or advocates the overthrow of the Constitution of Japan or the Government formed thereunder by means of force or violence, or who organizes or is a member of a political party or any other organization, which attempts or advocates the same.
(m) A person who organizes, or is a member of, or is closely affiliated with any of the following political parties or other organizations:
1. A political party or organization which encourages acts of violence or the assault, killing, or injury of officials of the Government or local public entities for the reason of their being such officials.
2. A political party or organization, which encourages illegal damage or destruction of public installations or facilities.
3. A political party or organization, which encourages acts of dispute such as stopping or preventing the normal maintenance or operation of security facilities of a plant or a place of work.
(n) A person who has prepared, distributed or exhibited printed matters, motion pictures, or any other documents or drawings to attain the objectives of any political party or organization as prescribed in sub-item (1) or (m).
(o) In addition to those persons listed in sub-items (a) to (n), a person who, the Minister of Justice determines, has committed acts detrimental to the interests or public security of Japan.
(iv-2) A person who is staying in Japan with a status of residence listed in the left-hand column of Appended Table I and has been sentenced to imprisonment with or without work on the charge of a crime provided for in Book II, Chapter XII, XVI to XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code of Japan, or in Article 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code of Japan) of the Act on Punishment of Physical Violence and Other Related Matters, or in the Act for Prevention and Disposition of Robbery, Theft, and Other Related Matters or Article 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools, and Other Related Matters.
(iv-3) A person whose status of residence is "Temporary Visitor", and has illegally killed, injured, assaulted or threatened a person, or damaged or destroyed a building or other objects in relation to the process or results of an international competition held in Japan or with the intent of preventing the smooth operation thereof, at the venue of the international competition or within the area of the municipality where the venue is to be located (this refers to "ward" where the Tokyo special wards exist or designated cities prescribed in Article 252-19, paragraph (1) of the Local Autonomy Act) or to neighboring places provided for use to unspecified persons or a number of persons.
(v) A person who has been granted permission for provisional landing and flees or fails to appear at a summons without justifiable reason in violation of the conditions imposed pursuant to the provisions of Article 13, paragraph (3).
(v-2) A person who has been ordered to depart from Japan pursuant to the provisions of Article 10, paragraph (7) or (11), or Article 11, paragraph (6) but does not depart without delay.
(vi) A person who has been granted permission for landing at a port of call, permission for landing in transit, landing permission for crew members, permission for emergency landing, landing permission due to distress or landing permission for temporary refuge, but stays in Japan beyond the period entered in his/her passport or permit.
(vi-2) A person who has been designated a period for departure pursuant to the provisions of Article 16, paragraph (9), but does not return to his/her vessel or depart from Japan within that period.
(vii) A person prescribed in Article 22-2, paragraph (1), who stays in Japan beyond the period prescribed in Article 22-2, paragraph (1), without receiving permission pursuant to the provisions of Article 20, paragraphs (3) and (4), as applied mutatis mutandis to Article 22-2, paragraph (3) or pursuant to the provisions of Article 22-2, paragraphs (2) and (3), as applied mutatis mutandis to Article 22, paragraph (4).
(viii) A person who has been given a departure order pursuant to the provisions of Article 55-3, paragraph (1), but stays in Japan beyond the time limit for departure pertaining to the departure order.
(ix) A person whose departure order has been revoked pursuant to the provisions of Article 55-6.
(x) A person who stays in Japan with permission granted pursuant to the provisions of Article 61-2-2, paragraph (1), or Article 61-2-3, but whose recognition of refugee status has been revoked pursuant to the provisions of Article 61-2-7, paragraph (1) (limited to those pertaining to item (i) or item (iii)).
Article 24-2
(1) The Minister of Justice shall seek the opinions of the Minister of Foreign Affairs, the Commissioner General of the National Police Agency, the Director-General of the Public Security Intelligence Agency and the Commandant of the Japan Coast Guard prior to the decision prescribed in the provisions of item (iii-2) of the preceding Article.
(2) The Minister of Foreign Affairs, the Commissioner General of the National Police Agency, the Director-General of the Public Security Intelligence Agency or the Commandant of the Japan Coast Guard may express his/her opinion to the Minister of Justice pertaining to the decision prescribed in the provisions of item (iii-2) of the preceding Article.
Article 24-3 (Departure Order)
Any alien who falls under any of item (ii-3) of Article 24, sub-item (b) of item (iv), item (vi) or item (vii) of the preceding Article and also falls under all of the following items (hereinafter referred to as an "alien subject to a departure order") shall, notwithstanding the provisions of the same Article, be ordered to depart from Japan in accordance with the procedures provided for in Chapter V, Section I to Section III and Chapter V-2:
(i) The alien has voluntarily appeared at an immigration office with the intention of departing from Japan promptly.
(ii) The alien does not fall under any of item (iii) of Article 24, sub-items (c) to (o) of item (iv), item (viii) or item (ix) of the preceding Article.
(iii) The alien has not been sentenced to imprisonment with or without work on the charge of a crime provided for in Book II, Chapter XII, XVI to XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code of Japan, Articles 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code of Japan) of the Act on Punishment of Physical Violence and Other Related Matters, the Act for Prevention and Disposition of Robbery, Theft, and Other Related Matters, or Articles 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools and Other Related Matters.
(iv) The alien has no past record of being deported from Japan or of departing from Japan under a departure order pursuant to the provisions of Article 55-3, paragraph (1).
(v) The alien is expected with certainty to depart from Japan promptly.
SECTION III DEPARTURE
Article 25 (Procedures for Departure)
(1) Any alien (except for crew members but including those departing with the re-entry permission pursuant to the provisions of Article 26; the same shall apply in the following Article) who is to depart from Japan with the intention of proceeding to an area outside of Japan shall receive confirmation of departure from an immigration inspector in accordance with the procedures provided for by a Ministry of Justice ordinance at the port of entry or departure from which he/she departs from Japan.
(2) The alien set forth in the preceding paragraph shall not depart from Japan unless he/she has received confirmation of departure.
Article 25-2 (Deferment of Confirmation of Departure)
(1) An immigration inspector may defer confirmation of departure for up to 24 hours after the application for confirmation set forth in the preceding Article has been made by an alien who desires to depart from Japan with the intention of proceeding to an area outside of Japan, when a notice has been received from relevant organizations that the alien falls under any of the following.
(i) A person who is being prosecuted for a crime for which the death penalty or life sentence, imprisonment with or without work for 3 years or more, may be imposed; or a person for whom an arrest warrant, subpoena, detention warrant, or warrant of detention for examination has been issued.
(ii) A person who has been sentenced to imprisonment or a heavier penalty and has not been granted suspension of execution of sentence, and who must complete the sentence or must wait until being freed from completion of the sentence (except for those released on parole).
(iii) A person for whom a permit of provisional detention or a detention permit has been issued pursuant to the provisions of the Act on Extradition (Act No. 68 of 1953).
(2) An immigration inspector shall, when he/she has deferred confirmation of departure pursuant to the provisions of the preceding paragraph, immediately notify to that effect the relevant organization from which the notice set forth in the preceding paragraph was received.
Article 26 (Re-entry Permission)
(1) The Minister of Justice may grant re-entry permission to an alien in accordance with the procedures provided for by a Ministry of Justice ordinance upon an application from an alien residing in Japan (except for those who have received permission for provisional landing and those who have received the permission for landing provided for in Articles 14 to 18) and is to depart from Japan with the intention of re-entering Japan prior to the date of expiration of his/her period of stay (or the period within which he/her is eligible to stay in cases where he/she has no fixed period of stay). In this case, the Minister of Justice may grant multiple re-entry permission as the said permission, based on an application from the alien, if considered to be appropriate.
(2) The Minister of Justice shall, when granting the permission set forth in the preceding paragraph, have an immigration inspector affix a seal of verification for re-entry in the passport of the alien if the alien has his/her passport in his/her possession, or issue a re-entry permit pursuant to the provisions of a Ministry of Justice ordinance if the alien does not have his/her passport in his/her possession and is unable to acquire one for reason of being without nationality or any other reasons. In this case, the permission shall become effective as of the date written on the seal of verification or the re-entry permit.
(3) The Minister of Justice shall, when granting re-entry permission (including multiple re-entry permission), decide a valid period for the re-entry permission, which shall not exceed 3 years from the effective date of the permission.
(4) The Minister of Justice may, if he/she finds that a person who has left Japan with re-entry permission has reasonable grounds for not being able to re-enter within the valid period of the permission, grant an extension of the valid period, based on an application from the alien, up to a period of 1 year and within 4 years from the effective date of the permission.
(5) The permission set forth in the preceding paragraph shall be entered in the passport or the re-entry permit, and the administrative work shall be entrusted to a Japanese consular officer.
(6) If the Minister of Justice finds that it is not appropriate to further grant multiple re-entry permission to an alien who has re-entered with multiple re-entry permission, the permission may be revoked while the said alien is in Japan.
(7) The re-entry permit issued pursuant to the provisions of paragraph (2) shall be considered as a passport, only in cases of entry into Japan, based on the re-entry permission pertaining to the re-entry permit concerned.
CHAPTER V PROCEDURES FOR DEPORTATION
SECTION I INVESTIGATION INTO VIOLATIONS
Article 27 (Investigation into Violations)
An immigration control officer may, when he believes that an alien falls under any of the items of Article 24, conduct an investigation into any violation that may have been committed by such alien (hereinafter referred to as "suspect").
Article 28 (Necessary Questioning and Requests for Information for Investigation into Violations)
(1) An immigration control officer may conduct necessary questioning in order to attain the objectives of an investigation into any possible violation. However, compulsory dispositions may not be carried out unless special provisions are provided for in this Chapter and Chapter VIII.
(2) An immigration control officer may make requests to public offices or to public or private organizations for information on necessary matters connected with investigations into violations.
Article 29 (Request for Appearance and Questioning of Suspects)
(1) An immigration control officer may, in cases where it is necessary to conduct an investigation into any violation, request the appearance of a suspect and question him/her.
(2) In the case referred to in the preceding paragraph, the immigration control officer shall enter the suspect's statement on record.
(3) In entering the statement on record as set forth in the preceding paragraph, the immigration control officer shall have the suspect inspect it or the immigration control officer will read it aloud to the suspect and have him/her sign it, and shall affix his/her own signature thereto.
(4) In the case referred to in the preceding paragraph, if the suspect is unable to sign or refuses to sign the statement, the immigration control officer shall make an additional entry to such effect in the record.
Article 30 (Request for Appearance of Witnesses)
(1) An immigration control officer may, in cases where it is necessary to conduct an investigation into any violation, request the appearance of a witness and interview him/her.
(2) In the case referred to in the preceding paragraph, the immigration control officer shall enter the witness's statement on record.
(3) The provisions of paragraphs (3) and (4) of the preceding Article shall apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, "suspect" in paragraphs (3) and (4) of the preceding Article shall be deemed to be replaced with "witness".
Article 31 (Inspection, Search and Seizure)
(1) An immigration control officer may, in cases where it is necessary to conduct an investigation into any violation, carry out an inspection, search or seizure with permission from a judge of the district court or summary court exercising jurisdiction over the area where his/her office is located.
(2) In the case referred to in the preceding paragraph, in case of urgency, the immigration control officer may take such action as set forth in the same paragraph with permission from a judge of the district court or summary court exercising jurisdiction over the place subject to inspection, the persons or articles subject to search, or articles subject to seizure.
(3) The immigration control officer shall, when he/she is to apply for the permission set forth in paragraph (1) or in the preceding paragraph, submit an application together with proof that indicates that a suspect is considered to fall under any of the items of Article 24, and if the immigration control officer is to inspect a place such as a residence other than that of the suspect, he/she shall submit proof that indicates the existence of circumstances which show the place is likely to be connected with the case of violation. If the immigration control officer is to search a person other than the suspect, an article, residence or other place of the person, he/she shall submit proof that indicates existence of circumstances which show that an article should be seized and that such article is likely to be connected with the case of violation, and if the immigration control officer is to seize an article of a person other than the suspect, he/she shall submit proof that indicates existence of circumstances which show that the article is likely to be connected with the case of violation.
(4) When the application set forth in the preceding paragraph is submitted, a judge of a district court or summary court shall enter in the permit the place of inspection, the person or articles subject to search, articles to be seized, the position and name in full of the officer making the application, the valid period of the permit, and the name of the court with the name and seal of the judge, and deliver it to the immigration control officer.
(5) The immigration control officer may deliver the permit set forth in the preceding paragraph to another immigration control officer and have him/her carry out the inspection, search or seizure.
Article 32 (Necessary Dispositions)
An immigration control officer may, in cases where it is necessary to conduct a search or seizure, remove locks, open seals, or carry out any other necessary measures.
Article 33 (Carrying of an Identification Card)
An immigration control officer shall carry his/her identification card with him/her and show it upon request to the person concerned when he/she conducts questioning, inspection, search or seizure.
Article 34 (Attendance at a Search or Seizure)
An immigration control officer shall, in the event that he/she conducts a search or seizure at a residence or building, ensure that the owner, lessee, custodian or a person who acts in the capacity of such person is present. If this cannot be done, he/she shall ensure that a neighbor or an official of the local government is present.
Article 35 (Restriction on Hours)
(1) An immigration control officer shall not enter any residence or building to conduct a search or seizure before sunrise or after sunset, unless the permit indicates that it may be conducted at night.
(2) An immigration control officer may, in the event that he/she has started the search or seizure before sunset, continue after sunset.
(3) An immigration control officer shall not be required to act pursuant to the restrictions prescribed in paragraph (1) when conducting a search or seizure at the following places:
(i) Any place which is considered to be commonly used for acts prejudicial to public morals.
(ii) A hotel, restaurant or any other place which the public is able to enter and leave at night; provided however, that this shall apply only during the hours when the place is open to the public.
Article 36 (Prohibition of Entry and Exit)
An immigration control officer may prohibit any person from entering or exiting the premises without permission while he/she is conducting questioning, inspection, search or seizure.
Article 37 (Procedures for Seizure)
(1) An immigration control officer shall, in the event that he/she has carried out a seizure, make a list of the articles seized and deliver it to the owner, holder, custodian or a person who acts in the capacity of such person.
(2) An immigration control officer shall, if he/she finds that there is no need to retain a seized article, return it promptly.
Article 38 (Preparation of Records)
(1) An immigration control officer shall, in the event that he/she has conducted an inspection, search or seizure, prepare a record thereof and have the person required to be present inspect it, or the immigration control officer will read it aloud to the person and have him/her sign it, and shall affix his/her own signature thereto.
(2) In the case referred to in the preceding paragraph, if the person present is unable to sign or refuses to sign the record, the immigration control officer shall make an additional entry to such effect in the record.
SECTION II DETENTION
Article 39 (Detention)
(1) An immigration control officer may, if he has reasonable grounds to believe that a suspect falls under any of the items of Article 24, detain the suspect pursuant to a written detention order.
(2) The written detention order set forth in the preceding paragraph shall be issued upon an application from an immigration control officer by a supervising immigration inspector of the office to which the former is attached.
Article 40 (Form of a Written Detention Order)
In the written detention order set forth in paragraph (1) of the preceding Article, the name, place of residence, nationality of the suspect, a summary of the suspected offense, place of detention, valid period and date of issuance of the order, and other matters provided for in a Ministry of Justice ordinance shall be entered and a supervising immigration inspector shall sign his/her name and affix his/her seal thereto.
Article 41 (Period and Place of Detention and Commission of Custody)
(1) The period of detention determined pursuant to the written detention order shall be within 30 days. However, if a supervising immigration inspector finds that there are unavoidable reasons, he/she may extend such period for only a further 30 days.
(2) The place wherein the alien may be detained pursuant to the written detention order shall be an immigration detention center, detention house, or any other proper place designated by the Minister of Justice or by a supervising immigration inspector commissioned by the Minister of Justice.
(3) A detention-facility may, upon the request of a supervising immigration inspector who finds it necessary, place a suspect under custody in a detention house.
Article 42 (Procedures for Detention)
(1) An immigration control officer shall, when he/she detains a suspect pursuant to a written detention order, show the detention order to the suspect.
(2) In cases of urgency, an immigration control officer may, even if he/she is not in possession of a written detention order, detain a suspect by giving the suspect a summary of the suspected offense and informing him/her that the order has been issued, provided that the order shall be shown to the suspect as soon as possible.
Article 43 (Cases of Emergency)
(1) If an immigration control officer finds that there are reasonable grounds to believe that a person clearly falling under any of the items of Article 24 is likely to flee before issuance of a written detention order, the immigration control officer may detain him/her without a written detention order.
(2) In cases where detention has been carried out as set forth in the preceding paragraph, the immigration control officer shall notify a supervising immigration inspector promptly of the grounds therefor and request the issuance of a written detention order.
(3) In the case referred to in the preceding paragraph, if the supervising immigration inspector does not approve the detention set forth in paragraph (1), the immigration control officer shall immediately release the detained person.
Article 44 (Delivery of the Suspect)
If an immigration control officer has detained a suspect pursuant to the provisions of Article 39, paragraph (1), he/she shall deliver the suspect to an immigration inspector together with the records and evidence within 48 hours from the time he/she has taken the suspect into custody.
SECTION III EXAMINATION, HEARING AND FILING OF AN OBJECTION
Article 45 (Examination by an Immigration Inspector)
(1) An immigration inspector shall, when he/she has taken delivery of a suspect pursuant to the provisions of the preceding Article, promptly examine whether the suspect falls under the category of an alien subject to deportation (alien who falls under any of the items of Article 24 but does not fall under the category of an alien subject to a departure order; the same shall apply hereinafter).
(2) The immigration inspector shall, in the event that he/she has held the examination set forth in the preceding paragraph, prepare a record thereof.
Article 46 (Burden of Proof on the Suspect)
Any suspect subject to the examination set forth in the preceding Article, when he/she is suspected of falling under any of items (i) (except for the part pertaining to Article 3, paragraph (1), item (ii)), or (ii) in Article 24, shall have the burden of proof to establish that he/she does not fall under the item.
Article 47 (Procedures after Examination)
(1) An immigration inspector shall immediately release a suspect when he/she has found, as a result of examination that the suspect does not fall under any of the items of Article 24.
(2) When an immigration inspector finds, as a result of examination, that the suspect falls under the category of an alien subject to a departure order, he/she shall promptly notify a supervising immigration inspector of the findings. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-3, paragraph (1), the immigration inspector shall immediately release the suspect.
(3) When an immigration inspector finds, as a result of examination, that the suspect falls under the category of an alien subject to deportation, he/she shall promptly notify a supervising immigration inspector and the suspect of his/her findings in writing together with the statement of grounds for such findings.
(4) When the immigration inspector submits the notice set forth in the preceding paragraph, he/she shall notify the suspect that the suspect may request a hearing pursuant to the provisions of Article 48.
(5) In the case referred to in paragraph (3), if the suspect has no objection to the findings, the supervising immigration inspector shall, after having the alien sign a document with a statement that he/she will not request a hearing, promptly issue a written deportation order pursuant to the provisions of Article 51.
Article 48 (Hearing)
(1) Any suspect who has received the notice set forth in paragraph (3) of the preceding Article may, if he/she has an objection to the findings set forth in the same paragraph, orally request a special inquiry officer for a hearing within 3 days from the date of notice.
(2) An immigration inspector shall, when a request has been made for the hearing set forth in the preceding paragraph, submit the record set forth in Article 45, paragraph (2) and other pertinent documents to a special inquiry officer.
(3) The special inquiry officer shall, when a request is made for the hearing set forth in paragraph (1), promptly notify the suspect of the time and place of the hearing and conduct the hearing.
(4) The special inquiry officer shall, when a hearing is held as set forth in the preceding paragraph, prepare a record of the hearing.
(5) The provisions of Article 10, paragraphs (3) to (6) shall apply mutatis mutandis to the proceedings of the hearing set forth in paragraph (3).
(6) When a special inquiry officer finds, as a result of the hearing, that the findings set forth in paragraph (3) of the preceding Article are not supported by factual evidence (limited to cases where the suspect does not fall under any of the items of Article 24), he/she shall immediately release the suspect.
(7) When a special inquiry officer finds, as a result of the hearing, that the findings set forth in paragraph (3) of the preceding Article are not supported by factual evidence (limited to cases where the suspect falls under the category of an alien subject to a departure order), he/she shall promptly notify a supervising immigration inspector of the findings. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-3, paragraph (1), the immigration inspector shall immediately release the suspect.
(8) When a special inquiry officer finds, as a result of the hearing, that there is no error in the findings set forth in paragraph (3) of the preceding Article, he/she shall promptly notify the supervising immigration inspector and the suspect to that effect, and at the same time notify the suspect that the suspect may file an objection pursuant to the provisions of Article 49.
(9) If the suspect, upon receipt of the notice set forth in the preceding paragraph, has no objection to the findings set forth in the same paragraph, the supervising immigration inspector shall have him/her sign a document with a statement that he/she will not file an objection and promptly issue the written deportation order pursuant to the provisions of Article 51.
Article 49 (Filing of an Objection)
(1) Any suspect, upon receipt of the notice set forth in paragraph (8) of the preceding Article, may, in cases where he/she has an objection to the findings set forth in the same paragraph, file an objection with the Minister of Justice by submitting to a supervising immigration inspector, within 3 days from the date of receipt of the notice, a written statement containing the grounds for his/her complaint in accordance with the procedures provided for by a Ministry of Justice ordinance.
(2) When the objection set forth in the preceding paragraph has been filed, a supervising immigration inspector shall submit to the Minister of Justice a record of the examination set forth in Article 45, paragraph (2), and a record of the hearing set forth in paragraph (4) of the preceding Article, and other pertinent documents.
(3) When the Minister of Justice has received the objection filed pursuant to the provisions of paragraph (1), he/she shall determine whether the objection is with reason and notify a supervising immigration inspector of his/her determination.
(4) The supervising immigration inspector shall, upon receipt of a notice from the Minister of Justice of his/her determination that the objection is with reason (limited to cases where the suspect does not fall under any of the items of Article 24), immediately release the suspect.
(5) When the supervising immigration inspector receives from the Minister of Justice a notice of the determination that the objection has been found to be with reason (limited to the cases where the suspect falls under the category of an alien subject to a departure order), the supervising immigration inspector shall, when issuing a departure order to the suspect pursuant to the provisions of Article 55-3, paragraph (1), immediately release the suspect..
(6) The supervising immigration inspector shall, if he/she has received from the Minister of Justice a notice of the determination that the objection is without reason, promptly notify the suspect to that effect and issue a written deportation order pursuant to the provisions of Article 51.
Article 50 (Special Cases of Determination by the Minister of Justice)
(1) The Minister of Justice may, even if he/she finds that the objection filed is without reason, in making the determination set forth in paragraph (3) of the preceding Article, grant the suspect special permission to stay in Japan if the suspect falls under any of the following items:
(i) He/She has obtained permission for permanent residence.
(ii) He/She has had in the past a registered domicile in Japan as a Japanese national.
(iii) He/She resides in Japan under the control of another due to trafficking in persons.
(iv) The Minister of Justice finds grounds for granting special permission to stay, other than the previous items.
(2) In the case referred to in the preceding paragraph, the Minister of Justice may impose conditions, which he/she may deem necessary such as on the period of stay, pursuant to the provisions of a Ministry of Justice ordinance.
(3) The permission set forth in paragraph (1) shall be regarded as a determination that the objection filed is with reason with respect to the application of paragraph (4) of the preceding Article.
SECTION IV ENFORCEMENT OF WRITTEN DEPORTATION ORDERS
Article 51 (Form of Written Deportation Orders)
A deportation order issued pursuant to the provisions of Article 47, paragraph (5), Article 48, paragraph (9) or Article 49, paragraph (6), or in accordance with the deportation procedures pursuant to the provisions of Article 63, paragraph (1), shall contain the full name, age and nationality of the alien subject to deportation, reason for deportation, destination, date of issuance of the deportation order, and other matters as provided for by a Ministry of Justice ordinance, and the name and seal of a supervising immigration inspector shall be affixed thereto.
Article 52 (Enforcement of Written Deportation Orders)
(1) A written deportation order shall be enforced by an immigration control officer.
(2) A police official or coast guard officer may, upon the request of a supervising immigration inspector who finds it necessary due to shortage of immigration control officers, enforce a written deportation order.
(3) In enforcing a deportation order, an immigration control officer (including a police official or coast guard officer who enforces a written deportation order pursuant to the provisions of the preceding paragraph; hereinafter the same shall apply in this Article) shall show the deportation order or its copy to the alien subject to deportation and have him/her deported promptly to the destination provided for in the following Article. However, the immigration control officer shall deliver him/her to the carrier if the alien is to be sent back by the carrier pursuant to the provisions of Article 59.
(4) In the case referred to in the preceding paragraph, if a person for whom a deportation order has been issued desires to depart from Japan voluntarily at his/her own expense, the director of an immigration detention center or a supervising immigration inspector may permit him/her to do so based on an application from the said person. In this case, notwithstanding the entries in the written deportation order and the provisions of the following Article, the director of an immigration detention center or the supervising immigration inspector may decide the destination of the person based on his/her application.
(5) In the case referred to in the first sentence of paragraph (3), if the alien cannot be deported immediately, the immigration control officer may detain him/her in an immigration detention center, detention house, or any other place designated by the Minister of Justice or designated by a supervising immigration inspector commissioned by the Minister of Justice until such time as deportation becomes possible.
(6) In the case referred to in the preceding paragraph, the director of an immigration detention center or the supervising immigration inspector may, if it is found that the alien cannot be deported, release him/her with conditions as may be deemed necessary such as restrictions on the place of residence and area of movement and the obligation of appearing at a summons.
Article 53 (Destinations of Deportation)
(1) Any person subject to deportation shall be deported to a country of which he/she is a national or citizen.
(2) If the person cannot be deported to such country as set forth in the preceding paragraph, such person shall be deported to any of the following countries pursuant to his/her wishes:
(i) A country in which he/she had been residing immediately prior to his/her entry into Japan.
(ii) A country in which he/she once resided before his/her entry into Japan.
(iii) A country to which the port, where he/she boarded the vessel or aircraft departing for Japan, belongs.
(iv) A country where his/her place of birth is located.
(v) A country to which his/her birthplace belonged at the time of his/her birth.
(vi) Any country other than those prescribed in the preceding items.
(3) Except for cases where the Minister of Justice finds it considerably detrimental to the interests and public security of Japan, the countries set forth in the preceding two paragraphs shall not include the territories of countries as prescribed in the Refugee Convention, Article 33, paragraph (1).
SECTION V PROVISIONAL RELEASE
Article 54 (Provisional Release)
(1) Any person detained pursuant to a written detention order or deportation order, his/her representative, curator, spouse, lineal relative or sibling may apply for provisional release to the director of the immigration detention center or a supervising immigration inspector in accordance with the procedures provided for by a Ministry of Justice ordinance.
(2) The director of the immigration detention center or a supervising immigration inspector may accord provisional release to the alien detained pursuant to a written detention order or deportation order upon the application set forth in the preceding paragraph or ex officio, taking into consideration such matters as circumstances, evidence produced in support of the application, character and the assets of the alien pursuant to the provisions of a Ministry of Justice ordinance, upon the alien paying a deposit not exceeding 3 million yen as provided for by a Ministry of Justice ordinance, and with conditions as may be deemed necessary, such as restrictions on the place of residence and area of movement and the obligation of appearing at a summons.
(3) The director of the immigration detention center or a supervising immigration inspector, if he/she deems it appropriate, may permit a letter of guarantee submitted by a person other than the alien detained under a written detention order or deportation order to be substituted for the deposit. Such a letter of guarantee shall contain the amount of the deposit and a statement that the deposit will be paid at any time.
Article 55 (Revocation of Provisional Release)
(1) The director of an immigration detention center or a supervising immigration inspector may revoke a provisional release if the alien accorded provisional release has fled, he/she has reasonable grounds to suspect that the alien will attempt to flee, the alien fails to comply with an order to appear at a summons without justifiable reason, or has violated any of the conditions of provisional release.
(2) The director of the immigration detention center or a supervising immigration inspector shall, if he/she revokes the provisional release pursuant to the provisions of the preceding paragraph, prepare a written revocation of provisional release and deliver it to an immigration control officer with the written detention order or deportation order attached.
(3) The director of the immigration detention center or a supervising immigration inspector shall confiscate the deposit in whole if he/she revokes a provisional release on the grounds that the person may flee or has failed to comply with an order to appear at a summons without justifiable reason, and he/she shall confiscate the deposit in part if he/she revokes a provisional release on any other grounds.
(4) If the provisional release of any person has been revoked, an immigration control officer shall show a written revocation of provisional release and a detention order or deportation order to such person and detain him/her at an immigration detention center, detention house, or any other place designated by the Minister of Justice or a supervising immigration inspector commissioned by the Minister of Justice.
(5) An immigration control officer may, in cases of emergency, detain a person who is to have his/her provisional release revoked without a written revocation of provisional release and a detention order or deportation order, by informing him/her that the provisional release has been revoked. However, a written revocation of provisional release and a detention order or deportation order shall be shown to such person as soon as possible.
CHAPTER V-2 DEPARTURE ORDERS
Article 55-2 (Examination Pertaining to Departure Orders)
(1) An immigration control officer shall, if he/she finds that there are reasonable grounds to believe that a suspect falls under the category of an alien subject to a departure order, notwithstanding the provisions of Article 39, send the case of violation pertaining to the suspect to an immigration inspector.
(2) The immigration inspector shall, when he/she receives the case of violation pursuant to the provisions of the preceding paragraph, immediately examine whether the suspect falls under the category of an alien subject to a departure order.
(3) When the immigration inspector finds, as a result of the examination that the suspect falls under the category of an alien subject to a departure order he/she shall promptly notify a supervising immigration inspector of the findings.
(4) The immigration inspector shall, if he/she finds that there are reasonable grounds to suspect that the suspect falls under the category of an alien subject to deportation, notify the immigration control officer of his/her findings and send the case of violation back to the immigration control officer.
Article 55-3 (Departure Orders)
(1) A supervising immigration inspector shall, if he/she has received the notice pursuant to the provisions of Article 47, paragraph (2), Article 48, paragraph (7), Article 49, paragraph (5), or paragraph (3) of the preceding Article, immediately order the suspect pertaining to the notice to depart from Japan. In this case, the supervising immigration inspector shall designate a period not exceeding 15 days within which the suspect shall depart from Japan.
(2) When ordering departure pursuant to the provisions of the preceding paragraph, the supervising immigration inspector shall deliver a written departure order pursuant to the provisions of the next paragraph to the suspect.
(3) When ordering departure pursuant to the provisions of paragraph (1), the supervising immigration inspector may, as provided for by a Ministry of Justice ordinance, impose restrictions on the suspect's place of residence and area of movement, and other conditions which the supervising immigration inspector may deem necessary.
Article 55-4 (Form of Written Departure Orders)
A written departure order delivered pursuant to the provisions of paragraph (2) of the preceding Article shall contain the full name, age and nationality of the alien who has been given a departure order, the reason for the departure order, the time limit for departure, the date of issuance of the departure order, and other matters as provided for by a Ministry of Justice ordinance, and the name and seal of a supervising immigration inspector shall also be affixed thereto.
Article 55-5 (Extension of the Time Limit for Departure)
Upon receiving notification from the alien who has been given a departure order pursuant to the provisions of Article 55-3, paragraph (1) that the alien is unable to depart from Japan by the time limit for departure in accordance with the departure order, the supervising immigration inspector may, pursuant to the provisions of a Ministry of Justice ordinance, extend the time limit for departure, provided that the supervising immigration inspector finds reasons not imputable to the alien such as the operating schedule of the vessel or aircraft used for departure.
Article 55-6 (Revocation of Departure Orders)
The supervising immigration inspector may, when the alien who has been given a departure order pursuant to the provisions of Article 55-3, paragraph (1) violates any of the conditions imposed pursuant to the provisions of paragraph (3) of the same Article, revoke the departure order.
CHAPTER VI RESPONSIBILITY OF THE CAPTAIN OF A VESSEL OR AIRCRAFT AND THE CARRIER
Article 56 (Duty of Cooperation)
The captain of a vessel or aircraft entering Japan and the carrier who operates such a vessel or aircraft shall cooperate with an immigration inspector in executing his/her duties such as immigration inspection.
Article 56-2 (Duty of Checking Passports or Other Documents)
The carrier who operates a vessel or aircraft entering Japan (or the captain of such vessel or aircraft in the absence of the carrier) shall, for the purpose of preventing aliens from illegally entering Japan, check the passport, crew member's pocket-ledger or re-entry permit possessed by aliens who intend to board the vessel or aircraft.
Article 57 (Duty of Reporting)
(1) The captain of a vessel or aircraft entering Japan shall, pursuant to the provisions of a Ministry of Justice ordinance, report in advance to an immigration inspector at the port of entry or departure where the vessel or aircraft will arrive the names of its crew members and passengers and other matters as provided for by a Ministry of Justice ordinance.
(2) The captain of a vessel or aircraft departing from Japan shall report upon the request of an immigration inspector at the port of entry or departure from which the vessel or aircraft departs matters pertaining to its crew members and passengers as prescribed in the preceding paragraph.
(3) The captain of a vessel or aircraft entering Japan shall, if he/she has knowledge of any alien aboard the vessel or aircraft without a valid passport, crew member's pocket-ledger or re-entry permit, report such information immediately to an immigration inspector at the port of entry or departure.
(4) The captain of a vessel or aircraft entering Japan shall, if a crew member who has been granted the permission set forth in Article 16, paragraph (2) is on board, report immediately the name of the crew member and other matters provided for by a Ministry of Justice ordinance to an immigration inspector upon each arrival at a port of entry or departure.
(5) The captain of a vessel or aircraft departing from Japan shall, at the request of an immigration inspector at the port of entry or departure from which the vessel or aircraft departs, report whether the person granted permission for landing in transit pursuant to the provisions of Article 15, paragraph (1), has returned to his/her vessel or aircraft, whether the person who received landing permission for crew members is aboard the correct vessel or aircraft, and whether any person who seeks to depart from Japan in violation of the provisions of Article 25, paragraph (2), or Article 60, paragraph (2) is aboard the vessel or aircraft.
Article 58 (Duty of Prevention of Landing)
The captain of a vessel or aircraft arriving in Japan shall, if he/she has knowledge of any alien prescribed in paragraph (3) of the preceding Article aboard the vessel or aircraft, prevent such alien from landing.
Article 59 (Duty of Sending Back)
(1) The captain of a vessel or aircraft or the carrier who operates a vessel or aircraft that has transported any alien falling under any of the following items shall promptly send such alien back out of Japan at his/her own expense and on his/her own responsibility by the same vessel or aircraft or any other vessel or aircraft owned by the same carrier:
(i) Any person denied landing pursuant to the provisions of Chapter III, Section I or II.
(ii) Any person deported for falling under any of Article 24, items (v) to (vi-2).
(iii) In addition to those prescribed in the preceding item, and among those who have been ordered within 5 years from the date of landing to be deported for falling under any of the items of Article 24, any alien regarding whom the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft can be considered as having had clear knowledge of the existence of grounds for deportation at the time of his/her landing.
(2) In the case referred to in the preceding paragraph, if the carrier concerned cannot send the alien back by the vessel or aircraft prescribed in the same paragraph, he/she shall send the alien back promptly by some other vessel or aircraft on his/her own responsibility and at his/her own expense.
(3) Notwithstanding the provisions of the preceding two paragraphs, concerning the expense and responsibility of the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft, a supervising immigration inspector may exempt the captain or the carrier from bearing all or part of the expenses and responsibility arising from keeping the alien who falls under paragraph (1), item (i) at a facility designated as provided by a Ministry of Justice ordinance as a place of stay pursuant to the provisions of Article 13-2, paragraph (1), provided that the alien concerned possesses a valid passport with a visa issued by a Japanese consular officer.
CHAPTER VI-2 INQUIRY INTO THE FACTS
Article 59-2 (Inquiry into the Facts)
(1) The Minister of Justice may have an immigration inspector inquire into the facts, if necessary, in order to conduct dispositions relating to the issuance of a certificate pursuant to the provisions of Article 7-2, paragraph (1) or relating to permission pursuant to the provisions of Article 12, paragraph (1), Article 19, paragraph (2), Article 20, paragraph (3) (including cases where it is applied mutatis mutandis pursuant to Article 22-2, paragraph (3) (including cases where it is applied mutatis mutandis pursuant to Article 22-3)), Article 21, paragraph (3), Article 22, paragraph (2) (including cases where it is applied mutatis mutandis pursuant to Article 22-2, paragraph (4) (including cases where it is applied mutatis mutandis pursuant to Article 22-3)), Article 50, paragraph (1), or Article 61-2-11, or relating to the revocation of status of residence pursuant to the provisions of Article 22-4, paragraph (1).
(2) An immigration inspector may require an alien and other persons concerned to make an appearance, may ask questions, or request the presentation of documents, if necessary, for the inquiry set forth in the preceding paragraph.
(3) The Minister of Justice or an immigration inspector may make inquiries to public offices or to public or private organizations and request submission of reports on necessary facts in relation to the inquiry set forth in paragraph (1).
CHAPTER VII DEPARTURE FROM AND RETURN TO JAPAN OF JAPANESE NATIONALS
Article 60 (Departure of Japanese Nationals)
(1) Any Japanese national (except for crew members) who departs from Japan with the intention of proceeding to an area outside of Japan shall possess a valid passport and shall receive confirmation of departure from Japan from an immigration inspector in accordance with the procedures provided for by a Ministry of Justice ordinance, at the port of entry or departure from which such person departs.
(2) The Japanese national set forth in the preceding paragraph shall not depart from Japan unless he/she has received confirmation of departure from Japan.
Article 61 (Return to Japan of Japanese Nationals)
Any Japanese national (except for crew members) who returns to Japan from an area outside of Japan shall possess a valid passport (a document that certifies Japanese nationality if he/she is unable to possess a valid passport) and shall receive confirmation of return to Japan by an immigration inspector in accordance with the procedures provided for by a Ministry of Justice ordinance, at the port of entry or departure at which such person lands.
CHAPTER VII-2 RECOGNITION OF REFUGEE STATUS AND OTHER RELATED MATTERS
Article 61-2 (Recognition of Refugee Status)
(1) The Minister of Justice may, if an alien in Japan submits an application in accordance with the procedures provided for by a Ministry of Justice ordinance, recognize such person as a refugee (hereinafter referred to as "recognition of refugee status") based on the data submitted.
(2) When the recognition of refugee status has been made, the Minister of Justice shall issue a certificate of refugee status to the alien concerned in accordance with the procedures provided for by a Ministry of Justice ordinance; and if recognition of refugee status is denied, the alien shall be notified in writing with the reason attached.
Article 61-2-2 (Permission Pertaining to Status of Residence)
(1) The Minister of Justice shall, when he/she recognizes an alien as a refugee pursuant to the provisions of paragraph (1) of the preceding Article and the alien who has filed the application set forth in the same paragraph falls under the category of an alien without a status of residence (aliens other than those who are staying in Japan under a status of residence listed in the left-hand column of Appended Table I and Appended Table II, those who have been granted permission for landing for temporary refuge and have not stayed in Japan beyond the period stated in the permit, and special permanent residents; the same shall apply hereinafter), permit the alien to acquire the status of residence of "Long-Term Resident", unless the alien falls under any of the following items:
(i) The alien has filed the application set forth in paragraph (1) of the preceding Article 6 months after the date on which he/she landed in Japan (or the date on which he/she became aware of the fact that the circumstances in which he/she might have become a refugee arose while he/she was in Japan), unless there were unavoidable circumstances.
(ii) The alien has not entered Japan directly from a territory where his/her life, body or physical freedom was likely to be persecuted on the grounds as prescribed in Article 1, paragraph A- (2) of the Refugee Convention, unless the circumstances in which he/she might have become a refugee arose while he/she was in Japan.
(iii) The alien falls under any of the persons listed in item (iii) or sub-items (c) to (o) of item (iv) of Article 24.
(iv) The alien has been sentenced, after entering Japan, to imprisonment with or without work on the charge of a crime provided for in Book II, Chapter XII, XVI to XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code of Japan, or in Article 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code of Japan) of the Act on Punishment of Physical Violence and Other Related Matters, the Act for Prevention and Disposition of Robbery, Theft, and Other Related Matters, or Articles 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools and Other Related Matters.
(2) When an alien without a status of residence has filed the application set forth in paragraph (1) of the preceding Article and is denied recognition as a refugee or the permission set forth in the preceding paragraph is not granted, the Minister of Justice shall examine whether there are grounds for granting special permission to stay to the alien without a status of residence, and may grant special permission to stay if he/she finds such grounds.
(3) When granting the permission set forth in the preceding two paragraphs, the Minister of Justice shall decide the status of residence and the period of stay, and have an immigration inspector issue to the alien without a status of residence a certificate of status of residence that states the status of residence and the period of stay. In this case, the permission shall become effective with the contents thereof and as of the time of issuance.
(4) When granting the permission set forth in paragraph (1) or paragraph (2), the Minister of Justice shall revoke the permission for provisional landing or permission for landing pursuant to the provisions of Chapter III, Section IV, which has been granted to the alien.
Article 61-2-3
When an alien recognized as a refugee (except for those who have acquired a status of residence with the permission set forth in paragraph (2) of the preceding Article) files an application to change his/her status to that of "Long-Term Resident" pursuant to the provisions of Article 20, paragraph (2), or files an application to acquire the status of residence of "Long-Term Resident" pursuant to the provisions of Article 22-2, paragraph (2) (including cases where it is applied mutatis mutandis pursuant to Article 22-3), the Minister of Justice shall, notwithstanding the provisions of Article 20, paragraph (3) (including cases where it is applied mutatis mutandis pursuant to Article 22-2, paragraph (3) (including cases where it is appl