Flow Deportation Procedure (Continuation)
Please find the next stage of the deportation procedure, which follows a front number. In addition to this, the explanation of this deportation procedure will end by this number.
2. Examination by Immigration Inspector
As I described at the previous issue an Immigration Control Officer has no authority or power to authorize or judge your deportation. Therefore, when they consider that there is a suspicion applicable to one of each number of Article 24 (Deportation Items) of the Immigration Control and Refugee Recognition Law, they have to hand over a suspect to an immigration inspector with findings and evidences.
When an Immigration Inspector received a delivery of a person with findings/evidences from an Immigration Control Officer, they must examine a suspect promptly and draw up the “Examination Protocol (written statement)”, the handed-over cases have been fallen under the category of alien subject to deportation as the results of an investigation by establishment of 100% that the Immigration Control Officer has done.That is, if it is illegal entry, it must be determined as illegal entry (paragraph-1,Article-24), and if it is overstay, it must be determined as overstay (item-Ro, paragraph-4, Article-24), and shall automatically delivered the written document, “Decision Notice” in Japanese, in accordance with the Law.
It always supposed to fill in this Decision Notice (Ex. Case of illegal entry) in Japanese as follows:
“As a result of examination about the case of suspicion of deportation reason specified to Article-24 of the Law to you, I notify to you since I recognized it as follows:
Summary of Notification
You shall be deported since you fall under the category of paragraph-1, Article-24,
of the Immigration Control and Refugee Recognition Law
When you dissatisfy the above-mentioned notification, you may request a hearing to a Special Inquiry Officer within three days after you would receive this notice.
Immigration Inspector: (Signature) ”
According to the Law, it must be notified to a suspect in Japanese only. However, if you do not or cannot understand Japanese, you may request to the officer in charge that it should be translated to “English” or “Tagalog” because you cannot understand it.Here, you may have to mind. That is, if you (suspect) have no objection to the findings/evidences, and obeyed this notification, you are made to sign by “Waiver Notice of Hearing”, and shall be automatically promulgated a written documents entitled, “Deportation Order”. So, don’t obey this decision by any means. If the suspect would have obeyed this “Decision Notice”, he/she would be made to leave automatically for your native or other country by name of Supervising Immigration Inspector so soon. Because, you have no right to claim to the Special Inquire Officer since you would have abandoned to request a hearing.
Therefore, if you want to reside in Japan, you have to demand on that spot, “I request a hearing by the Special Inquiry Office”. According to the Law, it stipulated, “A suspect may request a hearing within three days after the day which received the notification”, however, it is not necessary to wait for this period.
Then, when a suspect person is now accommodated in the Immigration facility, he/she may submit the “Application for Pro-visionary Release Permit” of a detention order promptly after you would draw and make up it. It is not so difficult to do it. Application form will be delivered from the Immigration Bureau.
For your information, please take note that “Release Permit” is not the “Stay Permit”, but is a valid permit, which are for dispelling the restraint of the suspect in detention room temporarily, and living with a family at his/her house for a fixed period. Although there are severe requirements, permission may be granted when a humane situation exists and there is no fear of flight, I want to be careful it to our readers repeatedly that this provisional release permits is just one of permit on the deportation proceeding, but not residents/stay permit at all.
3. Hearing by Special Inquiry Officer
(1) Hearing
As for all of the cases stated when the suspect dissatisfied the “Decision Notice” to the immigration inspector, all the findings/evidence is specially submitted to the Special Inquiry Officer for “Hearing”. Specially, after the Special Inquiry Officer in charge receives these documents and findings, this officer in charge sends a “Hearing Date Notice” to the suspect who is residing at the appointed place of residence, and notifies the date and time of “Hearing”.
Since the “Hearing” is always performed at the specified date/time indicated in this letter, the suspect has to appear to the Immigration Bureau except for the case where it cannot report in illness, an accident, etc. When a suspect cannot appear the designated date/time, he/she has to report that in advance to the authority.
In this case, when the suspect is detained in the accommodating space in the Immigration Bureau, it is orally notified the date and time of hearing by oral and will be carried out it. The Special Inquiry Office in charge creates up the “Judgment Protocol (written statement)” which is similar with the “Examination Protocol (written statement)”. However, it will be drawn and made up the new fact only except for the facts having created by the Immigration Control Officer and the Immigration Inspector.
After a Hearing is completed, while certainly being notified of a “Judgment result”, the written document entitled as the “Judgment notice” is delivered to the suspect. The contents of it are the same as an Immigration Inspector’s “Decision Notice”. Therefore, if you will obey this “Judgment result” and would have signed on the “Waiver Statement of Filing an Objection” since they will ask for your signature to it, they will carry out your deportation back to your native or other country by force immediately.
So, please don’t obey this “Judgment”.
(2) Objection
Therefore, upon you would receive the “Judgment notice”, you must appeal to the officer in charge requesting that “Please file my case to objection immediately”. According to the law, although suspect can appeal the “Filing an Objection” to the Minister of Justice (or Director General of Regional Immigration Bureau) within less than three days from the date when you would have received the “Judgment notice”, it does not need to wait for this period. Then, the officer in charge will order you to fill in and create the “Statement of Filing an Objection” which is quite different from “Waiver Statement of Filing an Objection”.
Moreover, it seems that almost all suspects attached nothing to this “Statement of Filing an Objection” indicated by the Law when he/she submits the “Statement of Filing an Objection”. However, the cases, which I deal with, always attaches the written document entitled the “Dissatisfied Reason in the Statement of Filing an Objection”, and try to suppose that impression formation by the Minister of Justice will be made advantageous.
As you know, the contents of the “Dissatisfied Reason in the Statement of Filing an Objection” is influenced greatly to the decision by the Minister of Justice determining whether it should be granted the Special Permission for Residence or not. That is, whether the Special Permission for Residence will be granted or not is always determined by the contents of this statement. In addition to this, even if there is no violation of laws and ordinances on the process of investigation, examination and hearing by the officer in charge in the case that almost cases correspond to this, there is no error also in application of a statute, and misconception is not admitted at all in factual authorization, the suspect can appeal to and ask for the Special Permission for Residence to the Minister of Justice, while a suspect insist an claim that deportation is a “Remarkably Injustice” for the suspect.
4. Final Decision by the Minister of Justice / Immigration General Director
After it would have passed through all the procedure listed above, all documents will be sent to the head office of the Minister of Justice in Tokyo after the Regional Immigration Bureau would have completed these procedures.
Whether the Special Permission for Residence will be granted or not is the discretion and power/right of the Minister of Justice and the Minister of Justice gives decision finally based on the extensive right of discretion. In addition, most of the discretion and power/right of the Minister of Justice is now delegated over to the director of Regional Immigration Bureau at present,
As a result of decision, cases that were permitted specially the objection shall be delivered entitled “Final Judgment/Decision” and “Residence Card” at the same time when it would have decided.
On the other hand, if the special permission for residence is not given unfortunately, the suspect is promulgated the “Final Decision” and “Deportation Order”, and deported back to his/her native country by force, as a rule. Then, for your information, when a deportation order is promulgated, suspect can sue to the District Court where you reside in quest of the cancellation as an administrative litigation case.
End.
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