Retrial petition
Q) I was issued the deportation order as a person who had overstayed in Japan illegally after investigation and inspection. Then, I was detained in the Immigration Center at Ushiku, Ibaraki-prefecture for 14 months. While I had been detained there, I applied for refugee recognition status since one of my friends who is also detained in the center, then, I was released from there by the provisional release permit on April 26, 2018.
After release, I became acquainted with a Filipina and am living together with her. Now, we are going to get married. Therefore, I do want to submit the “Retrial Petition” to the Minister of Justice in order to obtain the “Special Permission for Residence”. I know that the expense and labor of fighting for a trial at the court are useless.
So, please help me somehow.
(Manuel)
Answer:
Pertinent information
1) The meaning of “Retrial Petition”
As you quite understood, you had already been issued the “Deportation order” from the Minister of Justice because of having over-stayed in Japan illegally. So, you must leave Japan to your native country promptly, and the agency of Immigration Bureau can always deport/repatriate you compulsorily.
While the reason why the agency accepted your application for the release permit seems to be to consider your marriage with a Japanese wife etc., but I myself right now do not understand the details of it. Then, you should inquire and confirm the reason for it to the Immigration Bureau agency by yourself.
After that, you must solve your present state and find the best way. As you pointed out and inquired to me, there exists just one solution. It’s the “Retrial Petition” which means that you would submit your retrial petition in Japanese to the Minister of Justice. That is, you would request or beg to the Minister of Justice withdrawing the “Deportation order” already issued to you and being granted the “Special Permission for Residence” instead of the “Deportation order” after you would have submitted the retrial petition.
And, since this treatment which is a kind of “exceptional administration treatment” is not specified or regulated in the Immigration Control and Refugee Recognition Act. That is, this treatment is one of the “discretions” which the Minister of Justice has, so that this is exceedingly difficult to understand for ordinary persons.
2) The requirements for granting the “Special permission for residence”
As it mentioned above, there is no regulation that anyone can withdraw the disposal (“Decision of deportation order”) which the Minister of Justice had already determined. It does not exist anywhere on the Immigration Control and Refugee Recognition Act. However, there are a few cases where the Minister of Justice withdrew the “Decision of deportation order” as one of the “Administration treatment” and issued the “Special permission for residence” instead of it until today.
That is, it proved that even if the “Deportation order” had already been issued, he/she may be given the “Special permission for residence” if he/she has a certain reason which can reverse it. Then, many people submitted the “Retrial Petition” and have appealed for withdrawal of “Decision of deportation order” to the Minister of Justice until today. However, those who were able to accept the retrial petition are so few, which is just only between 0.001% – 0.002% in total. That is, it is one percentage to 1,000 persons and the “Special permission for residence” is supposed to be not given except for the case considered which should be considered to give the special permission for residence from a humanitarian viewpoint.
3) Planning and creation of a retrial petition
As I have already informed the readers, I, as soon as I would have received the “Business Trust Contract”, will request him/her to send me all the required documents for creation of the retrial petition. Then, I will set to work for planning and creation of a retrial petition upon confirming the payment of a retaining fee. Surely, I will cover your situations from the time when you entered Japan to present and create / make up the written documents for retrial petition which is possible to be entrusted with special care by the Minister of Justice.
Especially, it must be filled in the “special situations (marriage and a birth of child by birth, etc.)” which arose after the “Deportation order” had been issued, these will be substantiated and proved conscientiously.
Office name: Miyoshi International Legal Counsel Office
Telephone/Fax (Japanese/English): 0463-61-
E-mail: joshua.miyoshi@gmail.com
Website: www.phildigest.jp
Address: Kanagawa-ken, Naka-gun, Oiso-cho, Higashikoiso 716-2
Nearest station: Oiso station by Tokado Line
Working hour/day: 09:00-18:00/Monday-