Refugee Status
QUESTION
I received a letter from one of my friends who visited Japan as a tourist four months ago. He said “I made the refugee recognition application in order to obtain the Refugee Status, which allows me to work here for six months. Why won’t you come here?” According to his information, he got it in the Filipino community after entering Japan. So, I visited Japan two weeks ago after I obtained the Temporary-Stay visa in order to work in Japan. After I arrived, I could not get in touch with him. I found out through his friend that he was detained in the Immigration Bureau because his application was denied, and will be deported back to the Philippines soon. If I make a refugee recognition application, doesn’t it bring the same result? What are the requirements to be accepted as a refugee? Can an applicant of refugee recognition application work for six months?
ANSWER
The misinformation must be corrected as it will not only damage you but also the Immigration Bureau.
1) The refugee recognition system in Japan was enacted on January 1, 1982 when the Immigration Law was revised after Japanese government joined the Convention on the Status of Refugees. An applicant, in order to be accepted as a refugee, has to prove in detail corresponding to either of five reasons (race, religion, nationality, member of specific social group and the political opinion) specified in the 1st article of the Convention, and being persecuted from his/her home government, and escaping and coming out from the home government on account of the persecution. If you think that you corresponded to one of these reasons, you can fill the necessary information into an application form for the refugee recognition and submit it with the substantiation/proof data to the nearby Regional Immigration Bureau. The officer in charge notifies the disposal result of your case after they examined your case based on your testimony including the concerned person’s one and substantiation proof data. When it would be accepted, while a Refugee Travel Document will be published to you, the Residence Card filled in your status of residence “Long Term Resident” may be surely issued to you in principle. That is, there is no “Refugee Status” on the Immigration Control and Refugee Recognition Law.
On the other hand, when you would not be recognized a refugee, you would be issued a “Disapproval Notice.” Then, if you would have no objection to it, you will accept this and will go back to your native country. Then, if dissatisfied, you can file the “Re-examination” to the Minister of Justice. The office of the Minister of Justice must decide whether it should be approved or not. When it has a reason to be approved, he will presume a refugee and will issue the Residence Card of “Long Term Resident.”
When there is no reason to be approved same as the original disposal, he made the disapproval decision and notified it. After that, those who denied the appeal are automatically deported back to their home country by force after deportation procedure is to be executed.
Please find my answers to your questions.
If I make a refugee recognition application, does it bring the same result? – According to your explanation, you have not only received no persecution from your government in native country, but also you have received the protection from your government on the contrary. Under these facts, your case will be distributed before examining as “Those who does not come under a refugee clearly.” A case like yours is called “Abuse case of an application right.” The Immigration Bureau executes your deportation to your native countries by force promptly after it would be performed the deportation procedure. At the time, your name and identification may be recorded on the Black List because of the deportation, and you will be refused entrance to Japan for more than five years.
2) What are the requirements to be accepted as a refugee? – As I mentioned above, you have to correspond to either of the five reasons for persecution specified in the Convention. In addition to this, having escaped from your native country for one of the reason is absolutely necessary. That is, other reason, such as homicide, theft, war and quarrel with the friend or a certain specific organization etc. do not correspond to the persecution on the Convention. Of course, like you or your friend, in the case of the purpose of visit to Japan and the reason of the application for refugee is setting to work in Japan is not accepted at all.
3) Can an applicant of refugee recognition application work for six months? – No, you cannot. You are not permitted by any means even if you would have made a refugee recognition application.
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