Landing refusal period

QUESTION

My name is Paul Dolan. I am an Australian man, previously living in Tokyo for nearly 20 years. I held the Japan Permanent Residency. My wife is a Japanese, and we have two young children, 7 and 8 years old. They live in Suginami-ku. Because of unfortunate circumstances, I committed a crime last 2012, in Tokyo. The crime was robbery. I was convicted and sentenced to Fuchu prison last January 2012. Sentence was four years, six months. I was released from Fuchu prison 10 months early (in August 2016) because of good behavior. I then went to Shinagawa Immigration Detention Center. I applied for provisional release visa, but it was not approved. So, I decided to return to Australia voluntarily with deportation order. I was deported last November 2016. Shinagawa immigration officials told me and my wife “if I do the correct voluntary deportation from Japan then they consider this good because I am accepting my full punishment”. So, then I can then return to live again in Japan in the near future. They said that the guideline was about two years. My wife and I have been trying to get my return visa to live in Japan. We have applied five times. Each time, my application is rejected. So now we think it would be a good idea to consult you for your assistance. We ask you sincerely if you would kindly consider my case and assist me (and my wife) to get my Japan Certificate of Eligibility, so I can return to live in Tokyo with her and our two children.

ANSWER

You can find the answer about your question in the Article 5 of the Immigration Control and Refugee Recognition Act. It has specified whether those who were done the deportation from Japan can enter Japan again or not, and how long does he/she must wait for the landing refusal period to enter into Japan.

According to these provisions, since you had not been carried out a deportation record in the past, you will correspond to “(b) of item-9” of this article and cannot enter in Japan for “five years” at the lowest from the time when you were deported. Besides, it means that “You may have possibility to be accepted the entrance into a country if it will pass over for five years” but not “You will certainly be accepted your entry to Japan if it will pass over for five years”.  That is, whether your application for the certificate of eligibility will be accepted or not in consideration of your special situation, which you got married with Japanese and have two children depends on the discretion of the Minister of Justice to the last. Therefore, as a rule, your case of which the deportation was carried out in November 2016 should be examined after it would have reached in November 2021 and afterwards.