Q) I have been residing in Japan as a Japanese wife for ten years.
Last year, my younger brother came into Japan with the temporary visitor’s visa and made the refugee recognition application twice, however each one has been already denied. Then he made the 3rd application since he does want to reside in Japan continuously.
The other day, I heard from one of my best friends that no one can apply for it three times or more according to the revised Immigration Control and Refugee Recognition Act. May I ask you the contents of it as my friends also want to know about it.
A) The information given to you is not exact. The contents of revision about a refugee recognition application are as follows. Those who come under the deportation item, such as over-stay etc. from Japan are supposed to be repatriated to his/her native country promptly as soon as a written deportation order is promulgated.
However, the repatriation of the person in refugee recognition application procedure is to stop uniformly under the current Immigration Act. So, among those who got to know this regulation, repeat a refugee recognition application despite not corresponding to a refugee clearly in order to avoid being deported back to his/her home country. Then, it is regulated in this revised law that the Immigration authority can repatriate by force him/her who applied for the refugee recognition applicant for three times or more.
First, while a total of five reasons (race, religion, nationality, a specific social group’s constituent, political opinion) are specified in the Convention on the Status of Refugees, it is common sense that those who escape their native country etc. for reasons of the conjuncture of a life, etc., and make a refugee application notify all of these reasons by one time. It is usually impossible to apply for it 2 times or more.
Therefore, it is required to be specified in this article for preventing such “abuse case of an application’s right”.
For your information, the outline of the revised Immigration Control and Refugee Recognition Act released from the Immigration Service Agency this time is as follows.
(Outline of the draft revision of the Immigration Control Act)
In order to put the three basic ideas (see 3) into practice, the revised bill will take the following various measures.
(1) Reliable protection of those who should be protected.
➀ Establish a certification system for persons eligible for complementary protection. Although they are not refugees under the Refugee Convention, such as conflict refugees, Establish procedures for recognizing foreign nationals who should be protected in the same way as refugees as “persons subject to supplementary protection” and protecting them.
Persons recognized as persons subject to complementary protection, like refugees, will enable you to stay in Japan with a stable status of residence (long-term resident).
➁ We will make the procedures for special permission to stay more appropriate. Establishment of application procedures for special permission to stayTo do.
In deciding on special permission to stay Legal clarification of circumstances to consider To do. If special permission to stay is not granted, Notify Reason to do.
➂ We will further improve the operation of the refugee recognition system. Although it is not a legal revision item, we will make the operation of the refugee recognition system more appropriate through the following efforts.
Efforts to make the definition of refugees easier to understand The definition of a refugee under the Refugee Convention states: Words such as “persecution” whose specific meaning is not necessarily clear as they are is also included. Therefore, based on the practical precedents and judicial precedents in Japan, and referring to the documents issued by the United Nations High Commissioner for Refugees (UNHCR) and documents published by other countries, we have formulated the following statements. A more specific explanation of the significance and We will promote efforts to organize the points to be considered in making decisions.
Efforts to further enhance information on the countries of origin of refugees Necessary in determining whether a person is a refugee In order to enhance the information on the applicant’s country of origin (such as the situation in the home country), we will work with relevant organizations such as UNHCR to actively collect more information..
Efforts to improve investigative capabilities of staff For the officials of this agency (refugee investigators) who investigate whether or not a person is a refugee, We will further improve our research capabilities by providing training on how to use country of origin information and research methods..
(2) Resolving the problem of avoidance of deportation
➀ Exceptions will be made to the effect of suspension of deportation during refugee recognition procedures. The current Immigration Law, which uniformly suspends deportation during refugee recognition procedures (deportation suspension effect), has been amended, and the following persons: Allows deportation even during refugee recognition procedures. ■Refugee recognition applicants for the third time or later ■Those sentenced to imprisonment for 3 years or more ■terrorists, etc.
However, Even if you are applying for refugee recognition for the third time or later, Should be recognized as refugees and persons subject to complementary protection If you submit “documents with reasonable grounds”, so to speak, as an exception to an exception, Deportation will be suspended.
➁ Establish a system to order foreigners who have no means to force them to leave. Of the foreigners who refuse to leave, the following persons: There is no means to force them to leave and they cannot be evicted under current Lawson for these, under certain requirements, within a set deadline Establish a system to order people to leave Japan.
■Countries that do not accept their citizens who refuse to leave Deported to
■ In the Past a person who actually interferes with repatriation on board an aircraft imposes penalties, Encourage the above-mentioned persons who refuse to leave to return to their own country by making criminal penalties available if they do not comply with the order.
In the first place, the target of the order is limited to the minimum necessary, It does
not punish deportation evaders in general.
➂ We will take measures to encourage foreigners who should leave to voluntarily return to their home countries. For those foreigners who meet certain requirements among those who should leave Japan, after leaving Japan, Shorten the period until you can enter Japan again (landing refusal period)To do.
This will Encourage more expatriates to voluntarily return to their home countries.
(3) Resolution of various problems surrounding detention
➀ Establish a “supervision measure” system to replace detention. A person such as a relative or acquaintance who consents to the person’s supervision is selected as a “supervisor”, and under the supervision of the person, while preventing escape etc. We will establish a “supervisory measure” system to proceed with deportation procedures without detention.
Revised the current Immigration Control Act provision, which is “principle detention”, for each individual case, in addition to the degree of fear of escape, etc. After considering the degree of disadvantage that the person incurs, determine whether detention is necessary and decide whether to detain or supervise. I will.
The person under supervision and the supervising person are requested to submit necessary notifications and reports. Limit the duties of supervisors.
To prevent prolonged containment, for those detained, Introduced a system to review the necessity of detention every three Mons, and to transfer those who do not need to be detained to supervising measures. To do.
The current immigration system is said to be “the principle of detention of all cases”. Although there may be In the amended law, As described above, Choose detention or supervision for each individual case As a result, “all cases containment principle “To be radically modified It will be.
➁ We will review the provisional release system. With the establishment of the supervisory measures system, The provisional release system is a measure to temporarily release detention for health or humanitarian reasons, as originally intended., to clarify the distinction between supervision and control measures.
Especially Regarding the request for provisional release due to health reasons, it is legally stipulated that health conditions should be taken into consideration, such as listening to the opinion of a doctor. To do.
➂ We will take measures to ensure the implementation of appropriate treatment in detention facilities. Secure a full-time doctor In order to do so, we will establish a special exception for the provisions of the National Public Service Law that are hindering it. Easing requirements for side jobs, etc. To do.
For other detainees, Health checkup every 3 Mons to do or Human rights training for staff Such as to Develop necessary regulations to ensure proper treatment in detention facilities To do.