Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A person who has received permission for re-entry pursuant to the provisions of Article 26, paragraph (1) of the Act or a person who possesses a refugee travel document issued pursuant to the provisions of Article 61-2-15, paragraph (1) of the Act, and who seeks to receive confirmation of departure pursuant to the provisions of Article 25, paragraph (1) of the Act must submit to an immigration inspector a copy of the document pursuant to the Appended Form No. 37-19.

A person who has been designated a period pursuant to the provisions of the main clause of Article 22-4, paragraph (7), and who seeks to receive confirmation of departure pursuant to the provisions of Article 25, paragraph (1) of the Act, must present to an immigration inspector the written notice of revocation of the status of residence pertaining to the designation .

A person who has been issued with a departure order pursuant to the provisions of Article 55-85, paragraph (1) of the Act, who seeks to receive confirmation of departure pursuant to the provisions of Article 25, paragraph (1) of the Act must submit to an immigration inspector the written departure order pertaining to the departure order.

The confirmation of departure as prescribed in Article 25, paragraph (1) of the Act is made by affixing a seal of verification of departure pursuant to the Appended Form No. 38 in the foreign national's passport (including the re-entry permit; hereinafter the same applies in paragraph (6), item (ii)); provided, however, that for a person who has been issued with a landing permit for cruise ship tourists, an emergency landing permit, a landing permit due to distress, or a landing permit for temporary refuge, the confirmation is to be made by collecting the permit concerned.

The confirmation of departure as prescribed in Article 25, paragraph (1) of the Act is to be made by affixing a seal of verification of departure pursuant to the Appended Form No. 38 to the landing permit for cruise ship tourists, notwithstanding the provisions of the preceding paragraph, for a foreign national, who has been issued with multiple landing permission for cruise ship tourists and is expected to land again in Japan based on that permission.

If a foreign national who seeks to receive confirmation of departure pursuant to the provisions of Article 25, paragraph (1) of the Act falls under any of the following items, an immigration inspector may record the foreign national's name, nationality or region, date of birth, sex, date of departure, and the port of entry or departure from which the foreign national departs Japan on a file to be used as a record in lieu of the seal of verification of departure and a file kept on a computer prescribed in Article 7, paragraph (4). In this case, notwithstanding the provisions of paragraph (4), the immigration inspector is not required to affix the seal of verification referred to in the same paragraph:

the foreign national falls under both of the following (a) and (b).

the foreign national has underwent a user registration of the Automated Gates;

the foreign national has presented their passport and provided their fingerprints in an electronic or magnetic means at the time of confirmation of departure.

the foreign national falls under both of the following (a) and (b).

the foreign national is a person with a status of residence for status of "Temporary Visitor" (excluding persons who have been granted permission to re-enter Japan pursuant to the provisions of Article 26, paragraph (1) of the Act (including those who are considered to have been granted re-entry permission pursuant to the provisions of Article 26-3, paragraph (1) of the Act)); and

the foreign national has presented a passport and a photograph through electronic or magnetic means at the time of the confirmation of departure.

The provisions of Article 5, paragraph (9) apply mutatis mutandis to cases in which fingerprints are provided pursuant to the provisions of item (i), (b) of the preceding paragraph and the provisions of paragraph (10) of the same Article apply mutatis mutandis to cases in which the photograph is provided pursuant to the provisions of item (ii), (b) of the preceding paragraph.

If an immigration inspector withholds confirmation of departure for a foreign national pursuant to the provisions of Article 25-2, paragraph (1) of the Act, the inspector must notify the foreign national to that effect by a written notice of deferment of confirmation of departure pursuant to the Appended Form No. 39.

A foreign national who seeks to apply for re-entry permission pursuant to the provisions of Article 26, paragraph (1) of the Act must appear at a regional immigration services bureau and submit a copy of the written application pursuant to the Appended Form No. 40.

When filing the application set forth in the preceding paragraph, the foreign national must present the documents listed in the following items. In this case, a foreign national who is unable to present their passport must submit a document stating the reasons for their inability to acquire a passport.

passport;

certificate of status of residence in the case of a person who has been issued with a certificate of status of residence;

residence card in the case of a mid- to long-term resident;

special permanent resident certificate in the case of a special permanent resident; and

landing permit for temporary refuge in the case of a person who has received landing permission for temporary refuge;

The provisions of Article 19, paragraph (3) apply mutatis mutandis to the application set forth in paragraph (1). In this case, the term "paragraph (1)" in paragraph (3) of the same Article is deemed to be replaced with "Article 29, paragraph (1)" and the term "the preceding paragraph" is deemed to be replaced with "Article 29, paragraph (2)," respectively.

The provisions of Article 21-3, paragraph (5) apply mutatis mutandis to the application set forth in paragraph (1). In this case, the term "the provisions of paragraph (1)" in Article 21-3, paragraph (5) is deemed to be replaced with "the provisions of Article 29, paragraph (1)", the term "submit the written request provided for in paragraph (1) and the materials provided for in paragraph (3), and carry out the procedures provided for in Article 20, paragraph (4), as applied mutatis mutandis pursuant to paragraph (4)" is deemed to be replaced with "submit the written application provided for in Article 29, paragraph (1) and carry out the procedures provided for in paragraph (3) of the same Article," respectively.

Notwithstanding the provisions of paragraph (1), a foreign national is not required to appear at a regional immigration services bureau in the event that the director of the regional immigration services bureau finds the nonappearance reasonable. In this case, a travel agent who has been commissioned by the foreign national and whom the director of the regional immigration services bureau finds appropriate is to submit the written application provided for in paragraph (1) and carry out the procedures provided for in paragraph (2).

The format of the seal of verification for re-entry prescribed in Article 26, paragraph (2) of the Act is pursuant to the format of the Appended Form No. 41 or No. 41-2.

The format of the re-entry permit prescribed in Article 26, paragraph (2) of the Act is pursuant to the format of the Appended Form No. 42.

The format of the written application for permission for extension of the valid period of re-entry permission pursuant to the provisions of Article 26, paragraph (5) of the Act is pursuant to the format of the Appended Form No. 43.

If re-entry permission has been revoked pursuant to the provisions of Article 26, paragraph (7) of the Act, the foreign national is to be notified by a written notice of revocation of re-entry permission pursuant to the Appended Form No. 44, and the seal of verification for re-entry affixed in the foreign national's passport is to be deleted or the re-entry permit possessed by the foreign national is to be returned.

The intention to re-enter Japan pursuant to the provisions of Article 26-2, paragraph (1) of the Act is to be expressed by submitting to an immigration inspector a document pursuant to the Appended Form No. 37-19 stating the intention to re-enter Japan .

Where a mid- to long-term resident expresses the intention set forth in the preceding paragraph, the person is to present their residence card in addition to the document set forth in the preceding paragraph.

The intention to re-enter Japan pursuant to the provisions of Article 26-3, paragraph (1) of the Act is to be expressed by submitting to an immigration inspector a document pursuant to the Appended Form No. 37-19 stating the intention to re-enter Japan .

When expressing the intention set forth in the preceding paragraph, a document proving that the foreign national will re-enter Japan on the designated passenger ship is to be presented in addition to submitting the document set forth in the preceding paragraph.

The persons required to acquire re-entry permission for the purpose of impartial control over the entry into or departure from Japan pursuant to the provisions of Article 26-2, paragraph (1) of the Act are the persons listed as follows, and the persons required to acquire re-entry permission for the purpose of impartial control over the entry into or departure from Japan pursuant to the provisions of Article 26-3, paragraph (1) of the Act are the persons listed in the following items (i) through (iv) and item (vi):

a person who has been served with a written notice of hearing of opinions pursuant to the provisions of Article 22-4, paragraph (3) of the Act or who has been notified pursuant to the provisions of the proviso to the same paragraph (except for persons who have been notified the facts constituting the grounds for revocation of the status of residence pertaining to the written notice of a hearing or notice pursuant to the provisions of Article 25-14);

a person an immigration inspector has been notified as falling under any of the items of Article 25-2, paragraph (1) of the Act;

a person who has been issued with a written detention order pursuant to the provisions of Article 39-2, paragraph (1) or Article 44-4, paragraph (3) or (8) of the Act;

a person who has been placed under supervision measures pursuant to the provisions of Article 44-2, paragraph (1) or (6) of the Act;

a person who is residing with the status of residence for "Designated Activities" and whose activities have been designated as those of a person who has filed the application set forth in Article 61-2, paragraph (1) or (2) of the Act or requested an administrative review pursuant to the provisions of Article 61-2-12, paragraph (1) of the Act as activities specifically designated by the Minister of Justice for individual foreign nationals; and

a person whom the Commissioner of the Immigration Services Agency finds has a risk of performing an act detrimental to the interests and public security of Japan or for whom the Commissioner finds reasonable grounds to require re-entry permission for the purpose of impartial control over the entry into or departure from Japan exist.

If the Commissioner of the Immigration Services Agency makes the finding set forth in item (vi) of the preceding paragraph, the Commissioner is to notify the foreign national to that effect; provided, however, that this does not apply if the whereabouts of the foreign national are unknown or otherwise it is not possible to make the notification.

The notice set forth in the preceding paragraph is to be made pursuant to the Appended Form No. 44-2; provided, however, that in cases of urgency, the Commissioner of the Immigration Services Agency may have an immigration inspector orally give a notice the fact that the finding pursuant to the provisions of paragraph (1), item (vi) have been made.

A request for appearance of a suspect pursuant to the provisions of Article 29, paragraph (1) of the Act is to be made by a subpoena pursuant to the Appended Form No. 45.

When an immigration control officer has carried out a retention, seizure or seizure with a recording order of an object, the officer must make it clear, by sealing it or by other means, that the retention, seizure or seizure with a recording order has been carried out.

A request for a permit for official inspection, search, seizure or seizure with a recording order pursuant to the provisions of Article 31, paragraph (1) or (3) of the Act is to be made by a written request for a permit pursuant to the Appended Form No. 46 (A) and (B).

When carrying out an official inspection, search, seizure or seizure with a recording order pursuant to the provisions of Article 31, paragraph (1) or (3) of the Act, the immigration control officer must show the permit pertaining to the official inspection, search, seizure or seizure with a recording order to the observer required to be present pursuant to the provisions of Article 34, paragraph (1) of the Act.

When requesting a permit for the seizure of postal items, correspondence delivery items or documents concerning telegrams that do not fall under the provisions of paragraph (1) of Article 31-2 of the Act as prescribed in paragraph (2) of that Article and that are kept or possessed by a person handling communications services pursuant to the provisions of laws and regulations (excluding those sent by or to the suspect), materials showing that there are circumstances sufficient to find that the objects are related to the case of violation must be attached.

If the immigration control officer prohibits entry and exit pursuant to the provisions of Article 36 of the Act, the officer is to lock the premises where entry and exit are prohibited, indicate the prohibition of entry and exit on the premises, or station a guard on the premises.

The immigration control officer is to order any person who does not observe the prohibition of entry and exit pursuant to the provisions of Article 36 of the Act to leave the premises where entry and exit are prohibited or set a guard over the person.