Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A foreign national who seeks to apply for the issuance of a refugee travel document pursuant to the provisions of Article 61-2-15, 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. 80 and two photographs.

When filing the application set forth in the preceding paragraph, the foreign national must present the documents listed in Article 55, paragraph (3) and a certificate of refugee status. In this case, the provisions of the second sentence of Article 55, paragraph (3) are applied mutatis mutandis.

The format of the refugee travel document prescribed in Article 61-2-15, paragraph (1) of the Act is to follow that of the Appended Form No. 81.

The format of the written application for permission for extension of the validity period of a refugee travel document pursuant to the provisions of Article 61-2-15, paragraph (6) of the Act is to follow that of the Appended Form No. 82.

The order to return the refugee travel document pursuant to the provisions of Article 61-2-15, paragraph (8) of the Act is to be made by a written order to return the refugee travel document pursuant to the Appended Form No. 83.

The provisions of Article 55, paragraph (5) apply mutatis mutandis to the application set forth in paragraph (1).

If a refugee inquirer has asked persons concerned to make an appearance and questioned them pursuant to the provisions of Article 61-2-17, paragraph (3) of the Act, the inquirer is to prepare a written evidence that has recorded their statements.

If the refugee inquirer has prepared the written evidence set forth in the preceding paragraph, the refugee inquirer must have the persons concerned inspect the written evidence or read it aloud to them, to have them confirm that its recorded content has no errors, and have them sign the written evidence, and the inquirer has to affix their own signature thereto. If the persons concerned are unable to sign or have refused to sign the written evidence, the inquirer must make an additional entry to that effect in the written evidence.

The method specified by Ministry of Justice Order as prescribed in Article 61-8-2, paragraph (7) of the Act is, among the methods of using an electronic data processing system connecting, via a telecommunications line, a computer used by the Immigration Services Agency (including input and output devices; hereinafter the same applies in this paragraph) with a computer used by a person viewing the particulars of the public notice (meaning the particulars of the public notice prescribed in that paragraph; the same applies in item (i)) (limited to a computer that can be connected to the computer used by the Immigration Services Agency via a telecommunications line and is equipped with the function of communicating normally), a method that falls under all of the following items:

a method that displays the particulars of the public notice recorded in a file stored on the computer used by the Immigration Services Agency on the screen of the computer used by the person viewing those particulars of the public notice; and

a method that uses an automatic public transmission server connected to the Internet (meaning the automatic public transmission server prescribed in Article 2, paragraph (1), item (ix)-5, (a) of the Copyright Act (Act No. 48 of 1970)).

The provisions of the preceding paragraph apply mutatis mutandis to the method specified by Ministry of Justice Order as prescribed in Article 51, paragraph (3) of the Administrative Complaint Review Act as applied mutatis mutandis pursuant to Article 55-72, paragraph (2) of the Act following the replacement of terms. In this case, the phrase "the particulars of the public notice (meaning the particulars of the public notice prescribed in that paragraph; the same applies in item (i))" in the preceding paragraph is deemed to be replaced with "the statement prescribed in Article 51, paragraph (3) of the Administrative Complaint Review Act as applied mutatis mutandis pursuant to Article 55-72, paragraph (2) of the Act following the replacement of terms (referred to as the 'particulars of the public notice' in item (i))".

The provisions of paragraph (1) apply mutatis mutandis to the method specified by Ministry of Justice Order as prescribed in Article 51, paragraph (3) of the Administrative Complaint Review Act as applied mutatis mutandis pursuant to Article 55-73, paragraph (3) of the Act following the replacement of terms. In this case, the phrase "the particulars of the public notice (meaning the particulars of the public notice prescribed in that paragraph; the same applies in item (i))" in paragraph (1) is deemed to be replaced with "the statement prescribed in Article 51, paragraph (3) of the Administrative Complaint Review Act as applied mutatis mutandis pursuant to Article 55-73, paragraph (3) of the Act following the replacement of terms (referred to as the 'particulars of the public notice' in item (i))".

The cases provided for in Ministry of Justice Order as prescribed in Article 61-8-3, paragraph (3) of the Act (limited to cases pertaining to the acts listed in paragraph (1), item (i) of the same Article) are cases in which a person requested by a foreign national or by a person who is required to act on behalf of the foreign national pursuant to the provisions of paragraph (2) of the same Article (except for a person under 16 years of age and a relative of the foreign national who lives together with the foreign national) or the legal representative of the foreign national is acting on behalf of the foreign national (except for cases where the legal representative of the foreign national is acting on behalf of the foreign national pursuant to the provisions of paragraph (2) of the same Article) to carry out an act listed in paragraph (1), item (i) of the same Article.

The cases provided for in Ministry of Justice Order as prescribed in Article 61-8-3, paragraph (3) of the Act (limited to those cases pertaining to the acts listed in paragraph (1), item (ii) of the same Article) are the following cases:

if a person listed in the following sub-items (a) through (c) is to carry out an act listed in the right-hand column of the Appended Table VII (1) in accordance with the category of the acts listed in the left-hand column of the same Table on behalf of a foreign national (for the persons listed in sub-items (a) and (b), limited to cases of a request by the foreign national or a person required to carry out an act on behalf of the foreign national pursuant to the provisions of Article 61-8-3, paragraph (2) of the Act; for the persons listed in (c), excluding cases of carrying out the act on behalf of the foreign national pursuant to the provisions of the same paragraph) and which the director of the regional immigration services bureau finds to be appropriate;

an employee of an accepting organization etc., public interest corporation, or registered support organization (limited to those performed at the request of a person who stays or seeks to stay in Japan with the status of residence of "Specified Skilled Worker" to carry out the activities set forth in item (i) of the right-hand column for "Specified Skilled Worker" in Appended Table I (2) of the Act) whom the director of the regional immigration services bureau finds appropriate; and

an attorney-at-law or administrative scrivener who has notified the director of the regional immigration services bureau exercising jurisdiction over the locality where the bar association or the administrative scriveners association to which the attorney or the administrative scrivener belongs is located through the association;

a legal representative of the foreign national;

beyond what is provided for in the preceding item, when the foreign national is under 16 years of age or is unable to carry out the act listed in the left-hand column of the Appended Table VII (1) due to disease or other grounds, a relative of the foreign national (excluding persons under 16 years of age and persons living together with the foreign national) or a person living together with the foreign national (excluding persons under 16 years of age and relatives of the foreign national) or an equivalent person whom the director of the regional immigration services bureau finds appropriate carries out the act listed in the right-hand column of the same Table in accordance with the category of the act on behalf of the foreign national;

if, with regard to the receipt of a residence card issued pursuant to the provisions of Article 19-10, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to the provisions of Article 19-11, paragraph (3), Article 19-12, paragraph (2) and Article 19-13, paragraph (4); hereinafter the same applies in this item) (limited to a residence card other than a specified residence card; hereinafter the same applies in this item), a residence card is not to be issued pursuant to the provisions of Article 19-10, paragraph (2) to a foreign national who has filed a notification or an application on the day when the notification was filed pursuant to the provisions of Article 19-10, paragraph (1) of the Act or the application was filed pursuant to the provisions of Article 19-11, paragraph (1) or (2), Article 19-12, paragraph (1) or Article 19-13, paragraph (1) or (3), and which the director of the regional immigration services bureau finds to be appropriate; and

with regard to the receipt of a residence card issued pursuant to the provisions of Article 19-15-4, paragraph (3) of the Act, when the foreign national is under 16 years of age or is unable to carry out that receipt themselves due to disease or other grounds, the legal representative of the foreign national carries out the procedures pertaining to that receipt.

The cases provided for in Ministry of Justice Order as prescribed in Article 61-8-3, paragraph (3) of the Act as applied mutatis mutandis pursuant to Article 19-15-2, paragraph (10) of the Act are the following cases:

if the legal representative of a foreign national carries out, on behalf of the foreign national, the procedures pertaining to the receipt of a specified residence card issued pursuant to the provisions of Article 19-15-2, paragraph (6) of the Act (excluding cases where the legal representative of the foreign national does so on behalf of the foreign national pursuant to the provisions of Article 61-8-3, paragraph (2) of the Act); and

beyond what is provided for in the preceding item, when the foreign national is under 16 years of age or is found to have difficulty appearing due to illness, physical disability or other unavoidable reasons, a relative of the foreign national (excluding persons under 16 years of age and persons living together with the foreign national) or a person living together with the foreign national (excluding persons under 16 years of age and relatives of the foreign national) or an equivalent person whom the Commissioner of the Immigration Services Agency finds appropriate carries out, on behalf of the foreign national, the procedures pertaining to the receipt of a specified residence card issued pursuant to the provisions of Article 19-15-2, paragraph (6) of the Act.

The cases provided for in Ministry of Justice Order as prescribed in Article 61-8-3, paragraph (4) of the Act are the following cases:

if a person listed in paragraph (2), item (i), sub-item (a) or (b) carries out an act listed in the right-hand column of the Appended Table VII (2) in accordance with the category of the act listed in the left-hand column of the same Table on behalf of the foreign national at the request of a foreign national in Japan or legal representative, and which the director of the regional immigration services bureau finds to be appropriate;

if a staff member, whom the director of the regional immigration services bureau finds appropriate, of an organization that is managed by, that employs, or that provides education to a foreign national residing in Japan (limited to a foreign national who is accompanied by a person listed in (a) (hereinafter referred to as an "accompanying person" in this item) or who supports a person listed in (b) through (d) (hereinafter referred to as a "Dependent" in this item)) (including an organization that the foreign national intends to manage, an organization that intends to employ the foreign national, or an organization at which the foreign national intends to receive education) carries out an act listed in the right-hand column of the Appended Table VII (2) in accordance with the category of the act listed in the left-hand column of the same Table on behalf of an accompanying person or Dependent in Japan at the request of that person or their legal representative, and which the director of the regional immigration services bureau finds to be appropriate;

a person residing or seeking to reside with the status of residence of "Official" as one who engages in activities as a member of the family belonging to the same household as the foreign national who resides or seeks to reside with that status of residence;

a person residing or seeking to reside with the status of residence of "Dependent";

a person residing or seeking to reside with the status of residence of "Designated Activities" who has been designated to engage in daily activities as a person supported by the foreign national;

a person who is the spouse or child supported by the foreign national and who resides or seeks to reside with a status of residence listed in the Appended Table II of the Act;

beyond what is provided for in the preceding two items, when the foreign national is under 16 years of age or is unable to carry out the act listed in the left-hand column of the Appended Table VII (2) due to disease or other grounds themselves, a relative of the foreign national (excluding persons under 16 years of age) or a person living together with the foreign national (excluding persons under 16 years of age and relatives of the foreign national) or an equivalent person whom the director of the regional immigration services bureau finds appropriate carries out the act listed in the right-hand column of the same Table in accordance with the category of the act on behalf of the foreign national in Japan (excluding cases in which a legal representative carries out the act on behalf of the foreign national);

with regard to an application pursuant to the provisions of Article 20, paragraph (2), Article 21, paragraph (2) or Article 22-2, paragraph (2) of the Act (including as applied mutatis mutandis pursuant to Article 22-3 of the Act, and excluding the case of applying for acquisition of the status of residence of "Permanent Resident"), if a foreign national in Japan has submitted the written application prescribed in Article 64, paragraph (1), items (ix) through (xi) using an electronic data processing system (meaning the electronic data processing system prescribed in Article 4, paragraph (1) of the Regulations on the Promotion of Administrative Affairs Using Information and Communications Technology Based on the Provisions of the Laws and Regulations under the Jurisdiction of the Ministry of Justice (Ministry of Justice Order No. 11 of 2003; hereinafter referred to as the "Ministry of Justice ICT Utilization Regulation"); the same applies in the following item and Article 64); and

with regard to the procedures pertaining to the receipt of a residence card (limited to a residence card other than a specified residence card) issued pursuant to the provisions of Article 20, paragraph (4), item (i) of the Act (including as applied mutatis mutandis pursuant to Article 21, paragraph (4) of the Act and Article 22-2, paragraph (3) of the Act (including as applied mutatis mutandis pursuant to Article 22-3 of the Act)), if the written application prescribed in Article 64, paragraph (1), items (ix) through (xi) has been submitted using an electronic data processing system.

A person who intends to carry out the act provided for in Article 61-8-3, paragraph (1), item (i) of the Act on behalf of the foreign national pursuant to the provisions of paragraph (2) of the same Article must present materials or give an explanation to the head of municipalities (meaning "ward" or "administratively consolidated ward" in the designated cities prescribed in Article 252-19, paragraph (1) of the Local Autonomy Act (Act No. 67 of 1947); the same applies in the following paragraph) proving that the person is a person required to act on behalf of the foreign national pursuant to the provisions of Article 61-8-3, paragraph (2) of the Act.

When the foreign national is not required to appear in person pursuant to the provisions of Article 61-8-3, paragraph (3) of the Act (including as applied mutatis mutandis pursuant to Article 19-15-2, paragraph (10) of the Act) and carry out the act prescribed in Article 61-8-3, paragraph (1), item (i) of the Act (in the case where it is applied mutatis mutandis pursuant to Article 19-15-2, paragraph (10) of the Act, the act prescribed in the first sentence of paragraph (9) of that Article), if a person seeks to carry out the act on behalf of the foreign national, the person must present materials or give an explanation to the head of municipalities proving that the case falls under that case.

The restrictions on residence and scope of activities, the obligation to appear upon receiving summons, and other conditions found to be necessary pursuant to the provisions of Article 63-2, paragraph (1) of the Act are to be pursuant to the following items:

the residence is designated by the supervising immigration inspector;

the scope of activities is to be within the prefecture where the designated residence is located, except for cases in which the supervising immigration inspector finds that there are special reasons and has decided otherwise;

a request for appearance is made by the supervising immigration inspector with a designation of the time, date, and place to appear; and

beyond what is provided for in the preceding three items, the other conditions imposed by the supervising immigration inspector are the prohibition of engaging in activities to manage business involving income or activities for which remuneration is received, and other matters that the supervising immigration inspector finds particularly necessary.

The provisions of Article 36-2, paragraph (3) apply mutatis mutandis to a request for appearance made to a person subject to departure restrictions who has been subjected to the obligation to appear upon receiving summons pursuant to the provisions of Article 63-2, paragraph (1) of the Act.

The format of the written designation of conditions for a person subject to departure restrictions prescribed in Article 63-2, paragraph (1) of the Act is to follow that of the Appended Form No. 83-3.

The notification pursuant to the provisions of Article 63-2, paragraph (2) of the Act is to be made in writing or by any other method that the supervising immigration inspector finds appropriate, by the date specified by the supervising immigration inspector within a period not exceeding three months from the date of issuance of the written designation of conditions for a person subject to departure restrictions or from the date of the most recent notification.

The particulars provided for in Ministry of Justice Order as prescribed in Article 63-2, paragraph (2) of the Act are the particulars that the supervising immigration inspector finds necessary for ensuring compliance with the conditions imposed pursuant to the provisions of paragraph (1) of that Article.

The amount of the reward pursuant to the provisions of Article 66 of the Act is more than 1,000 yen and less than 50,000 yen per case.

The persons specified by Ministry of Justice Order prescribed in Article 25, paragraph (2), item (iv) of the Order are as follows:

a person who receives a change to the status of residence for "Designated Activities" and for whom either of the following activities is specifically designated:

activities as a staff member of the Japanese office of the Taiwan-Japan Relations Association or as a family member thereof who belongs to the same household; or

activities as a staff member of the Permanent General Mission of Palestine in Japan or as a family member thereof who belongs to the same household; and

a person residing with the status of residence for "Designated Activities" for whom the activities listed in sub-item (a) or (b) of the preceding item are specifically designated, who receives an extension of the period of stay.