Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

If there are compelling reasons, a party to the hearing or their representative may make a proposal to the Minister of Justice for a change of the date or venue of the hearing of opinions.

The proposal set forth in the preceding paragraph is to be made by submitting to the regional immigration services bureau a copy of the written proposal pursuant to the Appended Form No. 37-8 .

The Minister of Justice may, upon the proposal set forth in paragraph (1) or ex officio, change the date or venue of the hearing of opinions.

If changing the date or venue of the hearing of opinions pursuant to the provisions of the preceding paragraph, the Minister of Justice must serve the party to the hearing or their representative and the intervener or their representative (hereinafter referred to as "party to the hearing, etc.") with a written notice of change of the date, etc. of hearing of opinions pursuant to the Appended Form No. 37-9 stating that fact; provided, however, that in cases of urgency, the Minister may have an immigration inspector or immigration control officer orally give notice of the particulars to be stated in the written notice.

If the immigration inspector in charge of the hearing of opinions finds it necessary, the inspector may consolidate the related cases and hear opinions.

When consolidating cases pertaining to revocation of the status of residence pursuant to the provisions of the preceding paragraph, the immigration inspector in charge of the hearing of opinions must serve the party to the hearing or their representative with a written notice of consolidation of the hearing procedures pursuant to the Appended Form No. 37-10 stating that fact; provided, however, that in cases of urgency, the inspector in charge of the hearing of opinions may have an immigration inspector or immigration control officer orally give notice of the particulars to be stated in the written notice.

A party to the hearing who seeks to have their opinion heard must appear on the date of the hearing designated by the written notice of hearing of opinions served or the oral notice pursuant to the provisions of Article 22-4, paragraph (3) of the Act at the venue designated in the written notice served or the oral notice.

Notwithstanding the provisions of the preceding paragraph, upon the proposal of a party to the hearing to have their representative appear at the hearing on their behalf, or upon the proposal of the representative to appear at the hearing on behalf of the party to the hearing, the Minister of Justice may permit the representative to appear when the Minister finds that there are reasonable grounds for the proposal.

The proposal set forth in the preceding paragraph is to be made by submitting to the regional immigration services bureau a copy of the written proposal pursuant to the Appended Form No. 37-11 .

When granting permission pursuant to the provisions of paragraph (2), the Minister of Justice must notify the person who made the proposal by a written notice of permission for the appearance of a representative pursuant to the Appended Form No. 37-12.

At the beginning of the first hearing date, the immigration inspector in charge of the hearing of opinions must explain to the person who has appeared on the date of the hearing the facts constituting the grounds for the revocation of the status of residence of the party to the hearing.

The party to the hearing, etc. may appear on the hearing date to state their opinions, produce evidence, and ask questions to the immigration inspector in charge of the hearing of opinions.

If, as a result of the hearing opinions on the date of the hearing date, the immigration inspector in charge of the hearing of opinions finds it necessary to continue the hearing, the inspector may decide upon a new date.

In the case referred to in the preceding paragraph, the immigration inspector in charge of the hearing of opinions must notify the party to the hearing, etc. of the date and venue of the next hearing in advance by a written notice of continuance of the hearing of opinions pursuant to the Appended Form No. 37-13.

Oral notice to the party to the hearing, etc. who has appeared on the date of the hearing may be substituted for the written notice set forth in the preceding paragraph.

For each hearing date, the immigration inspector in charge of the hearing of opinions who has conducted the hearing must prepare a written evidence of the opinions stating the following particulars and affix their signature and seal thereto:

case name of the hearing;

date and venue of the hearing;

name of the immigration inspector in charge of the hearing of opinions;

nationality or region, name, sex, age, and occupation of the party to the hearing, etc. who appeared on the date of the hearing;

summary of the statement by the party to the hearing, etc.;

documentary evidence or inventory of evidence submitted, if any; and

other particulars for reference.

After the hearing is finished, the immigration inspector in charge of the hearing of opinions who has conducted the hearing must promptly prepare a written report stating the following particulars and affix their signature and seal thereto:

opinion of the immigration inspector in charge of the hearing of opinions on the revocation of status of residence;

allegations of the party to the hearing, etc. on the facts constituting the grounds for the revocation of status of residence; and

judgment of the immigration inspector in charge of the hearing of opinions on the allegations set forth in the preceding item.

After the hearing has ended, the immigration inspector in charge of the hearing must submit to the Minister of Justice the written evidence set forth in paragraph (1) and the report set forth in the preceding paragraph .

From the time at which the written notice of hearing of opinions was served or its oral notice was given pursuant to the provisions of Article 22-4, paragraph (3) until the time at which the hearing ended, the party to the hearing, etc. may request that the Minister of Justice allow an inspection of the written evidence related to the results of the investigation on the case and of other materials proving the facts constituting the grounds for the revocation of the status of residence. In this case, the Minister of Justice may not deny the inspection unless there is a risk of damaging the interest of third parties or there are other legitimate grounds.

The provisions of the preceding paragraph do not preclude the party to the hearing, etc. from requesting further inspection of materials as necessary as the hearing on the date of the hearing proceeds.

A request for inspection pursuant to the provisions of paragraph (1) is to be made by submitting to the regional immigration services bureau a copy of the written application pursuant to the Appended Form No. 37-14 ;provided, however, that with respect to the inspection referred to in the preceding paragraph, an oral request would be sufficient.

When granting permission for inspection, the Minister of Justice must promptly notify the party to the hearing, etc. by a written notice of permission for inspection of materials pursuant to the Appended Form No. 37-15, except for cases where the Minister has the party to the hearing, etc. inspect materials on the spot. In this case, the Minister of Justice is to take due care not to prevent the party to the hearing, etc. from preparing for the statement of opinion at the hearing .

Upon the request pursuant to the provisions of paragraph (2), when the Minister of Justice is unable to have the party to the hearing, etc. inspect the materials on the date of the hearing (except for cases where the inspection is denied pursuant to the provisions of the second sentence of paragraph (1)), the Minister must notify the party to the hearing, etc. of the time and date, and venue of inspection by a written notice of permission for inspection of materials pursuant to the Appended Form No. 37-15.In this case, the immigration inspector in charge of the hearing of opinions is to decide a date after the date of the inspection as the new date of the hearing of opinions pursuant to the provisions of Article 25-10, paragraph (1).

The format of the written notice of revocation of the status of residence pursuant to the provisions of Article 22-4, paragraph (6) of the Act is the format pursuant to the Appended Form No. 37-16 (Appended Form No. 37-17 when the period is designated pursuant to the provisions of the main clause of paragraph (7) of the same Article).

The restrictions on residence, scope of activities, and other necessary conditions pursuant to the provisions of Article 22-4, paragraph (8) of the Act are to be pursuant to the following items:

the place of residence is designated as a facility, etc. which the Minister of Justice finds to be appropriate as a place of residence to make the preparations for departure;

the scope of activities is to be within the area of the prefecture where the designated residence is located and the route to be followed in transit decided according to the route to the port of entry or departure from which the foreign national intends to depart, except for cases in which the Minister of Justice finds that there are special reasons and decides otherwise; and

beyond what is provided for in the preceding two items, other conditions to be attached by the Minister of Justice is to prohibit activities related to the management of a business involving income or activities for which the foreign national receives a remuneration, and other particulars the Minister finds to be particularly necessary.

Where the Minister of Justice has served a foreign national with a written notice of hearing of opinions stating the facts constituting the grounds for the revocation pursuant to the provisions of Article 22-4, paragraph (3) of the Act or has had an immigration inspector or immigration control officer orally notify the foreign national of the particulars to be stated in the written notice pursuant to the provisions of the proviso to the same paragraph, and has determined that the status of residence of the foreign national is not to be revoked for the facts, the Minister is to notify the foreign national to that effect.

An official of a state or local public entity prescribed in Article 23, paragraph (3) of the Act is as follows:

a customs official;

a public security intelligence officer;

a narcotics agent;

an official of municipalities engaged in the administrative affairs relating to the basic resident register (limited to those related to the certificate of residence of foreign nationals pursuant to the provisions of Article 30-45 of the Residential Basic Book Act);

an official of the public employment security office prescribed in Article 8 of the Employment Security Act (Act No. 141 of 1947).