The Landing Refusal Period of those who were Deported by Force
QUESTION
I read your column, which is “Let us solve your Immigration problems together” in the March issue of the Philippine Digest and so I thought I might write my question as well. I am a Nikkeijin 2nd generation. My father is a Japanese national. I am now almost 70 years old, married to a Filipino whose name is Garcia Patricio. I became a naturalized Japanese citizen last Nov. 10, 2012. I have 5 children, 3 boys, and 2 girls. One of my boys was a soldier of the Phil. Army and he was killed in action by N.P.A. in Kalinga, Apayao. My problem is about my youngest son, Charles Patricio, who was deported by Osaka Immigration in 2009 for using another name and overstayed from 2004-2009. At that time, my papers and documents have not yet been authenticated since the agreement between the Japanese gov’t and Philippine gov’t only became on the force in 1995. Luckily, the passport of my father was a great help and I was able to secure a copy of the civil marriage of my father and mother from the National archives at T.M Ice law street in Manila and also in the diary of my father, he was able to write the sons of (we) his children.
I cannot understand why the Osaka Immigration issued an order to the Japanese Embassy in the Philippine that my son Charles is (bossed forever and he cannot enter Japan), my daughter and I have written many application for eligibility (4 times). I even wrote a letter of appeal directly to the Minister of Justice in Tokyo, but no reply and all our application were denied. The Osaka Immigration office would not answer my question of what crime my son committed. I know that there are so many foreigners who used another name and overstayed more than 5 years but some of them were able to stay in Japan because they married a Japanese national.
I read in the newly passed Immigration law that anxiety is granted to sponsor, and children of Japanese nationals and I am wondering why my son is being discriminated. It is over 10 years. Since he was deported, I am very sure he was not involved in drugs, he did not murder, he did not steal, his only crime was he used another name and he overstayed.
I am appealing to your good intention to help us solve our problems. I just don’t know what to do or whom to approach and perhaps being a former officer of the Ministry of Justice, Immigration Bureau and an expert in Immigration Law, you are the only one who can help me. If you need further proofs, I can send you photocopies of all the papers and documents regarding the case of my son.
Please let me know if there is still a solution to this problem, which has been bothering me and my family. I am now in favor of health and my only wish is to be able to let my son enter Japan legally because it is our privilege as Japanese descendants.
I hope and pray that you will consider my problem and be able to give the solution to this. Thank you so much.
– Hondo Haruko
ANSWER:
I received and saw your letter. I do hope you read and understand carefully my answers and comments, which supposed to solve your problem.
Your son’s case is actually to come under the stowaway (an illegal entry case). It is defined in Article 24(1) of the Immigration Control and Refugee Recognition Act. It means that using the passport of another person’s name is the same as a state without a passport. That is, he has no passport. Although you said to me and thought that he was treated and deported to his home country as the illegal action of which he had used the name of another person and overstayed (unlawful stay). All people who entered a country with no passport shall be treated as a stowaway (illegal entry) in accordance with the Act. Of course, the stowaway and the overstay are one of the deportation items on the Act. However, the important point is absolutely different in the content based on the Act. Although you thought that the stowaway and the overstay are the same illegal item, the stowaway is more serious and heavy than the overstay. I am afraid of that he had been punished on penal servitude as the crime of stowaway those days in 2009 to which deportation of your son was carried out. If so, your son listed up on the “Blacklist” of long term, and no matter there maybe what, he shall be denied landing to Japan for at least 10 years or more from the date of deportation. Of course, the Immigration Bureau shall automatically notify this information and records to all Japanese Embassy/General Consulate located in each country through the Ministry of Foreign Affairs and issuance of a visa shall be refused from an officer based on this information at Japanese Embassy or consulate in the Philippines. According to your e-mail, you are now thinking and suffering that 10 years had already passed since the deportation was carried out, therefore it is natural that he should be granted to enter Japan. However, you must know that this is entirely misunderstanding. Because, in accordance with international law, it is the discretion of the Japanese government whether it permits your son to enter and land on the country or not. In other words, the Japanese government has no obligation to permit the entrance into the country and landing of your son even if a landing refusal period has already passed.
Next, is another problem, “The privilege of Japanese descendants” as you refer to in your letter. In 1990, Immigration Law was revised and incorporated the qualification of those who will have a blood relationship with “Japanese” into the Immigration status of “Spouse or Child of Japanese National” and “Long Term Resident”. It is the status of “Nikkei-Jin” (Japanese descendant). If he/she is a Japanese child by birth, he/she automatically comes under the status, “Spouse or Child of Japanese national”. However, when he/she is a Japanese grandchild by birth, he/she automatically comes under the status, “Long Term Resident”. Then, only if he/she has no other refusal circumstances or reason, he/she can be admitted entering and stay in Japan as these Immigration statuses.
According to your mail, your son seems to be a grandchild of Japanese who was born in the Philippines. Therefore, he comes under the status, “Long Term Resident” and does not come under the status of “Spouse or Child of Japanese national” in accordance with the Act. Because you, his mother, born as a Filipina not as Japanese national in the Philippines even if your father is a Japanese. In addition, it does not affect and corresponds to your son’s status after your naturalization to Japan in 2012. It means that he always treated and decided his status based on the time his identification/qualification when he was born, whether he comes under this status or not. However, it is another question whether permission by the Japanese government for entrance into a country and the residents are accepted or not. That is, the Japanese government can decide and presuppose that entrance into a country and the resident of the person are not accepted a person inconvenient for the Japanese government, and an unsuitable person even if he/she comes under the status, “Long Term Resident”. Moreover, it exactly means that he/she has no right and privilege to enter into and reside in a country even if he/ she is Japanese descendent or spouse of Japanese national. Can you understand that?
According to your explanation, all of your applications for Certificate of Eligibility became disapproval 4 times so far. Do you know what the reason is? When the Immigration Bureau authorities denied or disapproved of an application, they shall specify the “Reason for Disapproval” by a written paper, as you see. Then, I am sure you have completely understood the reason and the permission will be possible to be obtained, when there is a clarified fact, which reverses the reason, or if the reason can be recovered. Finally, I do hope you will consult me personally when you will be troubled more or are going to take these procedures because these are very legal and technical.
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