Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

The format of the certificate prescribed in Article 36-3 of the Act is pursuant to the format of the Appended Form No. 46-2.

The format of the inventory prescribed in Article 37 of the Act is pursuant to the format of the Appended Form No. 47.

A request for permission pursuant to the provisions of Article 37-5, paragraph (3) of the Act is to be made by a written request for a permit pursuant to the Appended Form No. 48.

The format of the written evidence of official inspection, search, seizure or seizure with a recording order prescribed in Article 38, paragraph (1) of the Act is pursuant to the format of the Appended Form No. 49 (A) and (B).

The format of the written detention order prescribed in Article 40 of the Act (including as applied mutatis mutandis pursuant to Article 44-4, paragraph (4) of the Act) is pursuant to the format of the Appended Form No. 50.

A supervising immigration inspector is to commission a police officer to place a suspect in custody pursuant to the provisions of Article 41, paragraph (3) of the Act using a written commission of custody pursuant to the Appended Form No. 51.

The conditions of supervision measures pursuant to the provisions of Article 44-2, paragraph (1) or (6) 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 within the area of the prefecture in which the designated residence is located, except for cases where 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 conditions that the supervising immigration inspector imposes as being found necessary for preventing flight and the destruction of evidence are a prohibition of flight and the destruction of evidence and other particulars that the supervising immigration inspector finds particularly necessary.

The conditions of supervision measures pursuant to the provisions of Article 52-2, paragraph (1) or (5) 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 within the area of the prefecture in which the designated residence is located, except for cases where 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 conditions that the supervising immigration inspector imposes as being found necessary for preventing flight and illegal work are a prohibition of flight and of work and other particulars that the supervising immigration inspector finds particularly necessary.

A request for appearance for a person under supervision measures on whom an obligation to appear upon receiving summons has been imposed pursuant to the provisions of Article 44-2, paragraph (1) or (6) or Article 52-2, paragraph (1) or (5) of the Act is to be made by a subpoena pursuant to the Appended Form No. 51-2.

The amount of the deposit prescribed by Ministry of Justice Order as provided for in Article 44-2, paragraphs (2) and (6) of the Act is to be a reasonable amount not exceeding 3 million yen which is sufficient to prevent flight or the destruction of evidence by the person under supervision measures; provided, however, that the amount of the deposit for a minor is not to exceed 1.5 million yen.

The provisions of the preceding paragraph apply mutatis mutandis to the amount of the deposit prescribed in Article 52-2, paragraphs (2) and (5) of the Act. In this case, the phrase "the destruction of evidence" in the preceding paragraph is deemed to be replaced with "illegal work".

The deadline for payment of the deposit prescribed by Ministry of Justice Order as provided for in Article 44-2, paragraph (2) and Article 52-2, paragraph (2) of the Act is to be the date designated by the supervising immigration inspector within three days counting from the day following the day on which the person under supervision measures was placed under supervision measures.

After the deposit has been paid, the supervising immigration inspector is to have an accounting official with money in custody issue a certificate for receipt of deposit pursuant to the Appended Form No. 15.

A person who seeks to request placement under supervision measures pursuant to the provisions of Article 44-2, paragraph (4) or Article 52-2, paragraph (4) of the Act (including a person who seeks to make the request, pursuant to the provisions of Article 44-2, paragraph (5) of the Act (including as applied mutatis mutandis pursuant to Article 52-2, paragraph (7) of the Act), on behalf of the person who seeks to make the request) must submit a copy of each of the written application for a decision on supervision measures pursuant to the Appended Form No. 51-3 and any other materials to be used as reference.

The format of the written notice of the decision on supervision measures prescribed in Article 44-2, paragraph (7) and Article 52-2, paragraph (6) of the Act is pursuant to the format of the Appended Form No. 51-4.

The notice to the effect that no decision on supervision measures is to be made, pursuant to the provisions of Article 44-2, paragraph (9) of the Act (including as applied mutatis mutandis pursuant to Article 52-2, paragraph (7) of the Act), is to be given by a written notice pursuant to the Appended Form No. 51-5.

The notification pursuant to the provisions of Article 44-3, paragraph (4) of the Act is to be made in writing or by any other method that the supervising immigration inspector finds appropriate, within seven days from the date on which the grounds listed in any of the items of that paragraph arose (in the case of falling under the grounds listed in item (ii) of that paragraph, within seven days from the date on which those grounds came to be known).

The provisions of the preceding paragraph apply mutatis mutandis to the notification pursuant to the provisions of Article 52-3, paragraph (4) of the Act.

The particulars prescribed by Ministry of Justice Order as provided for in Article 44-3, paragraph (4) and Article 52-3, paragraph (4) of the Act are the particulars listed in the following items:

the facts pertaining to the notification; and

the date on which the facts set forth in the preceding item occurred and how those facts came to be known.

The cases prescribed by Ministry of Justice Order as provided for in Article 44-3, paragraph (4), item (iii) and Article 52-3, paragraph (4), item (iii) of the Act are the cases listed in the following items:

if the supervisor has changed their name (for a corporation or other organization, its name, the location of its head office or principal office, or the name of its representative) or their telephone number or other information that may serve as a means of contact;

if there is a relationship by kinship (including a relationship in which a marriage has not been registered but that is in circumstances de facto similar to a marital relationship) between the supervisor and the person under supervision measures, and that relationship by kinship has ended;

if there is an employment relationship between the supervisor and the person under supervision measures, and that employment relationship has ended; or

beyond what is provided for in the preceding three items, if the supervising immigration inspector has decided to require notification of particulars concerning the supervisor or the person under supervision measures as being particulars that impede the continuation of the supervision measures.

If the document provided for in paragraph (1) is to be submitted by mail or correspondence delivery, it may be submitted to the immigration services office designated by the supervising immigration inspector.

A request for a report pursuant to the provisions of Article 44-3, paragraph (5) or Article 52-3, paragraph (5) of the Act is to be made by clearly indicating the particulars to be reported, the deadline for the report, and other necessary particulars.

The particulars prescribed by Ministry of Justice Order as provided for in Article 44-3, paragraph (5) and Article 52-3, paragraph (5) of the Act are as follows:

the status of guidance and oversight provided to the person under supervision measures;

the status of provision of information, advice and other assistance to the person under supervision measures; and

beyond what is provided for in the preceding two items, particulars that the supervising immigration inspector finds necessary for ensuring the appearance of the person under supervision measures and other compliance with the conditions of supervision measures or the conditions imposed pursuant to the provisions of Article 44-5, paragraph (1) of the Act.

If a supervisor has been requested to make a report pursuant to the provisions of Article 44-3, paragraph (5) or Article 52-3, paragraph (5) of the Act, the supervisor must submit to the supervising immigration inspector a document stating the particulars to be reported, except in cases separately specified by the supervising immigration inspector.

The particulars prescribed by Ministry of Justice Order as provided for in Article 44-3, paragraph (7) of the Act (including as applied mutatis mutandis pursuant to Article 52-3, paragraph (6) of the Act) are as follows:

the reason for the resignation; and

the date of the resignation.

If a supervisor intends to resign as supervisor, the supervisor must endeavor to notify the supervising immigration inspector of the resignation no later than 30 days before the date of the resignation.

If a decision on supervision measures has been revoked pursuant to the provisions of Article 44-4, paragraph (1) or (2) or Article 52-4, paragraph (1) or (2) of the Act, the person whose decision on supervision measures has been revoked is to be made to return the written notice of the decision on supervision measures in their possession, and the person who was the supervisor is to be notified that the decision on supervision measures has been revoked.

The format of the written revocation of the decision on supervision measures prescribed in Article 44-4, paragraph (3) and Article 52-4, paragraph (3) of the Act is pursuant to the format of the Appended Form No. 51-6.

If a deposit has been confiscated pursuant to the provisions of Article 44-4, paragraph (5) or Article 52-4, paragraph (4) of the Act, a written notice of confiscation of deposit pursuant to the Appended Form No. 51-7 is to be issued to the person who paid the deposit.