Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A person under supervision measures who seeks to apply for permission for activities for which remuneration is received pursuant to the provisions of Article 44-5, paragraph (1) of the Act must appear at a regional immigration services bureau and submit a copy of each of the written application pursuant to the Appended Form No. 51-8 and materials proving that engaging in the activities is necessary and appropriate for maintaining their livelihood and that the amount of remuneration to be received from the activities is within the scope necessary for maintaining their livelihood.

If the permission pursuant to the provisions of Article 44-5, paragraph (1) of the Act has been granted, the date of permission, the content of the activities, the name of the public or private organization in Japan designated by the supervising immigration inspector and other necessary particulars are to be stated in the written notice of the decision on supervision measures, in addition to the particulars that are to be stated therein pursuant to the provisions of paragraph (2) of that Article.

The notice pursuant to the provisions of Article 44-5, paragraph (3) of the Act is to be given by delivering a certified copy of the written notice of the decision on supervision measures stating the particulars that are to be stated pursuant to the provisions of the preceding paragraph.

If the permission pursuant to the provisions of Article 44-5, paragraph (1) of the Act has been revoked pursuant to the provisions of paragraph (4) of that Article, the person under supervision measures is to be notified by a written notice of revocation pursuant to the Appended Form No. 51-9. In this case, the particulars stated in the written notice of the decision on supervision measures pursuant to the provisions of paragraph (2) are to be deleted, and a statement to the effect that the permission has been revoked is to be made in the written notice of the decision on supervision measures.

In the case referred to in the preceding paragraph, the supervisor is to be notified that the permission has been revoked.

The notification pursuant to the provisions of Article 44-6 or Article 52-5 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 on which the person under supervision measures was placed under supervision measures or the date of the most recent notification.

The particulars prescribed by Ministry of Justice Order as provided for in Article 44-6 or Article 52-5 of the Act are the particulars listed in the following items:

the living conditions of the person under supervision measures;

the status of contact with the supervisor; and

beyond what is provided for in the preceding two items, particulars that the supervising immigration inspector has decided to require to be notified as necessary particulars concerning the supervisor or the person under supervision measures.

If an immigration inspector or immigration control officer has requested the appearance of persons concerned and asked them questions pursuant to the provisions of Article 44-9, paragraph (3) or Article 52-7, paragraph (3) of the Act, the inspector or officer may prepare written evidence recording the statements of the persons concerned.

If the immigration inspector or immigration control officer has prepared the written evidence set forth in the preceding paragraph, the inspector or officer 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 must affix their own signature thereto. In this case, if the persons concerned are unable to sign or have refused to sign the written evidence, the inspector or officer must make an additional entry to that effect in the written evidence.

The findings by an immigration inspector prescribed in Article 47, paragraphs (1) through (3) and Article 55-84, paragraph (3) of the Act are to be made through a written finding pursuant to the Appended Form No. 52.

The notice to a suspect pursuant to the provisions of Article 47, paragraph (3) of the Act is to be given by a written notice of findings pursuant to the Appended Form No. 53.

The format of the document stating a statement that a foreign national will not request a hearing as prescribed in Article 47, paragraph (5) of the Act is to follow that of the Appended Form No. 54.

The format of the document stating that a foreign national will not file an application for the permission pursuant to the provisions of Article 50, paragraph (1) of the Act as prescribed in Article 47, paragraph (5), item (i) of the Act (including as applied mutatis mutandis pursuant to Article 48, paragraph (10) and Article 49, paragraph (7) of the Act) is to follow that of the Appended Form No. 54-2.

If a suspect is to be released pursuant to the provisions of Article 47, paragraph (1), Article 48, paragraph (6), or Article 49, paragraph (4) of the Act, a certificate of release pursuant to the Appended Form No. 55 is to be issued.

The notice to a suspect pursuant to the provisions of Article 48, paragraph (3) of the Act is to be made by a written notice of the date of the hearing pursuant to the Appended Form No. 56.

The written evidence of the hearing prescribed in Article 48, paragraph (4) of the Act must state the following information and procedures :

nationality or region, name, sex, age, and occupation of the suspect;

venue and date of the hearing;

names of the special inquiry officer, the suspect's representative, and observers;

grounds for conducting the hearing;

suspect's or their representative's allegations and evidence submitted;

questions asked to the suspect and their statements;

when a witness has appeared, interrogation of the witness and their statements, and the fact that the suspect or representative was provided an opportunity to interrogate the witness;

documents and articles of evidence examined;

the fact that the suspect was informed of the decision and the grounds for the decision; and

the fact that the suspect was informed that they may file an objection, and whether an objection was filed.

The special inquiry officer must affix their signature and seal to the written evidence of the hearing set forth in the preceding paragraph.

The determination of a special inquiry officer prescribed in Article 48, paragraphs (6) through (8) of the Act is given in the form of a written determination pursuant to the Appended Form No. 57.

The notice to a suspect pursuant to the provisions of Article 48, paragraph (8) of the Act is to be made in the form of a written notice of determination pursuant to the Appended Form No. 58.

The format of the document that contains a statement that a foreign national will not file an objection as prescribed in Article 48, paragraph (9) of the Act is to follow that of the Appended Form No. 59.

An objection under the provisions of Article 49, paragraph (1) of the Act must be filed by submitting a copy of the written objection pursuant to the Appended Form No. 60 and a copy of each of the materials indicating the grounds for the suspect's dissatisfaction that falls under any of the following items:

when an objection is filed on the grounds that a violation of laws and regulations during the examination procedures clearly impacted the determination, the facts present in the examination, hearing, and evidence that are sufficient to believe that there was violation of laws and regulations that clearly impacted the determination;

when an objection is filed on the grounds that an error in the application of laws and regulations clearly impacted the determination, a statement of the error and evidence sufficient to believe that the error clearly impacted the determination;

when an objection is filed on the grounds that an misunderstanding of facts clearly impacted the determination, the facts present in the examination, oral hearing, and evidence sufficient to believe that there was an misunderstanding of facts that clearly impacted the determination; and

The judgment prescribed in Article 49, paragraph (3) of the Act is made in the form of a written judgment pursuant to the Appended Form No. 61.

The notice by a supervising immigration inspector to a suspect pursuant to the provisions of Article 49, paragraph (6) of the Act is to be made in the form of a written notice of judgment pursuant to the Appended Form No. 61-2.