Deportation Procedure
ANSWER
Now, let me explain about the Deportation Procedures and the process to the Special Permission for Residence in Japan. Please take a look at the following chart.
1) Investigation
As you see the above chart, which shows from surrender to the final decision, the Immigration Control Officer will investigate you at the first stage. The second is the inspection/examination by the Immigration Inspector, the third is the hearing by the Special Inquiry Officer, and the forth is the final decision (Deportation or the Special Permission for Residence) by the Minister of Justice (or Director General of regional immigration bureau).
QUESTION
Where should I surrender to and report my case first?
A) It is the Regional Immigration Bureaus or the branch offices that have jurisdiction on your place of. There are eight regional Immigration Bureaus and seven branch offices of regional Immigration Bureaus in Japan located at Narita Airport, Haneda Airport, Yokohama, Central airport, Kobe, Kansai Airport and Naha. However, you have to surrender and report to the following Regional Immigration Bureaus or branch offices since the deportation office work is not dealt with at the airport branch office.
Be sure to surrender and report to the Regional Immigration Bureaus/Branch offices. Because, you will be guided to surrender to the specified Regional Immigration Bureaus/Branch offices by these offices.
Please go to directly to the “Investigation Division” of each Regional Immigration Bureaus/Branch offices and inform them of your surrender where the officer in charge will escort you to an investigation room to proceed with the investigation/interview.
There, you will be asked to answer and fill up several forms. If you cannot fill in at that time you can submit it after either at the detained room in the Immigration or at your house.
There are specified five types of officer in the law, such as an immigration control officer, an immigration inspector, a special inquiry officer, a refugee examiner, and supervising immigration inspector in the Immigration Bureau, the Ministry of Justice, and each authority/power of officer is provided in the Law. All of them are government officials. The officer who can take charge of this “Investigation” is called an “Immigration Control Officer”, and an immigration control officer has right and power to question, investigate a violation incident/a suspect and arrest a suspect.
However, when there is no suspicion as a result of an investigation or question, the person must be released and even if it is a case where it is admitted that there is suspicion, there is no authority/power to issue an detention order or to promulgate a deportation order. Then, they have to hand over the suspected person to an immigration inspector with a “investigator’s record of oral statement” and evidences within 48 hours after the time which always restrained the suspected person by the detention order issued from the immigration inspector.
That is, although an immigration control officer has the authority/power of arrest and an investigation, there is no authority/power to permit the residents specially or to determine the deportation. However, since the “investigator’s record of oral statement” and evidences which are created by this immigration control office have seriously influenced when performing “Recognition” by an immigration inspector, “Judgment” by a special inquiry office and “Determination” by the Ministry of Justice (or Director of Regional Immigration Bureaus), you have to correspond earnestly to this investigation.
To be continued on next issue…
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 042-339-8013(office), 090-14360-4107(Mobile phone)
E-mail: miyoshi@ipcworld.co.jp or joshua-galasha@mvg.biglobe.ne.jp (Japanese/English) OR p-digest@ipcworld.co.jp(English/Tagalog)
Website: www.phildigest.jp
Nearest station: Keio Nagayama by Keio line or Odakyu Nagayama by Odakyu line in Tama-city, Tokyo
Working hour/day: 09:00-18:00/Monday-Saturday (except holidays)