Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A person who seeks to request provisional release pursuant to the provisions of Article 54, paragraph (1) of the Act must submit a copy of the written application for permission for provisional release pursuant to the Appended Form No. 66 and a copy of the materials proving the grounds that make permission for provisional release necessary.

The period of provisional release prescribed in Article 54, paragraph (2) of the Act is to be set by the director, etc. within a period not exceeding three months.

The provisions of Article 48, paragraph (1) apply mutatis mutandis to cases to which conditions on provisional release are attached pursuant to the provisions of Article 54, paragraph (2) of the Act.

The provisions of Article 36-2, paragraph (3) apply mutatis mutandis to a request for appearance for a person who has been granted provisional release under an obligation to appear upon receiving summons pursuant to the provisions of Article 54, paragraph (2) of the Act.

The format of the written permission for provisional release prescribed in Article 54, paragraph (3) of the Act is to follow that of the Appended Form No. 67.

The notice pursuant to the provisions of Article 54, paragraph (4) of the Act to the effect that provisional release has been denied is to be made by the written notice pursuant to the Appended Form No. 68.

A person who seeks to request an extension of the period of provisional release pursuant to the provisions of Article 54, paragraph (5) of the Act must submit, by the day on which the period of provisional release expires, a copy of the written application for permission for extension of the period of provisional release pursuant to the Appended Form No. 69 and a copy of the materials proving the grounds that make the extension of the period of provisional release necessary.

In the event that an extension of the period of provisional release is permitted pursuant to the provisions of Article 54, paragraph (6) of the Act, the new period of provisional release is to be stated in the written permission for provisional release.

The provisions of paragraph (2) apply mutatis mutandis to the new period of provisional release in the event that an extension of the period of provisional release is permitted pursuant to the provisions of Article 54, paragraph (6) of the Act.

The notice pursuant to the provisions of Article 54, paragraph (7) of the Act to the effect that an extension of the period of provisional release has been denied is to be made by the written notice pursuant to the Appended Form No. 69-2.

The format of the written revocation of provisional release prescribed in Article 55, paragraph (2) of the Act is to follow that of the Appended Form No. 70.

The format of the document prescribed in Article 55-2, paragraph (3) of the Act is to follow that of the Appended Form No. 70-2.

If the supervising immigration inspector has extended, pursuant to the provisions of Article 55-2, paragraph (4) of the Act, the period set based on the provisions of paragraph (1) of the same Article, the inspector is to notify the person by a written notice pursuant to the Appended Form No. 71.

The assistance for activities pursuant to the provisions of Article 55-5, paragraph (1) of the Act is to be given by lending books, exercise equipment, recreational equipment and other goods kept at the immigration detention centers, etc., and by otherwise taking the measures that are necessary and appropriate for engaging in activities during the activity hours, etc. (meaning the hours other than those during which meals, sleep and other daily activities are to take place).

The name of the Immigration Detention Centers, etc. Visiting Committee (hereinafter referred to as "committee"), the immigration services offices provided for in Article 55-10, paragraph (1) of the Act, and the immigration detention centers, etc. and the departure waiting facilities in the area the committee is in charge of as provided for in paragraph (2) of the same Article and Article 55-14, paragraph (1) are as provided for in the Appended Table VI.

The committee is to have a chairperson, who is elected from among the committee members.

The chairperson presides over the affairs of the committee.

The member who is designated by the chairperson in advance acts as a proxy in handling the chairperson's duties when the chairperson is incapacitated.

The committee meetings are convoked by the chairperson.

The committee cannot convene a meeting or make any resolution without the presence of the majority of the committee members.

beyond what is provided for in the preceding two paragraphs, the necessary particulars on the proceedings of the committee are determined by the committee.

The general affairs of the committee is handled by the general affairs division of the immigration services office in which the committee is established.

The periodic provision of information provided for in Article 55-12, paragraph (1) of the Act is carried out by the director of the immigration detention center or the director of the regional immigration services bureau (hereinafter referred to as "director of an immigration detention center, etc.") submitting a document stating the necessary information to understand the state of the administration of the immigration detention centers, etc. with regard to the following particulars relating to the immigration detention centers, etc., at the first committee meeting of each fiscal year:

an outline of the immigration detention facilities;

the maximum capacity of the facilities and changes in the number of its detainees;

the structure of the management of the immigration detention facilities;

the state of prohibitions on the reading of books, etc. obtained at the detainees' own expense (meaning books, magazines, newspapers and other documents and drawings (excluding letters));

the state of permission or refusal of tours;

the state of the lending and provision of goods pursuant to the provisions of Article 55-21 of the Act and of permission or refusal of the use or consumption of goods obtained at the detainees' own expense pursuant to the provisions of Article 55-22 of the Act;

the state of the delivery of money and goods to detainees by senders (meaning the senders prescribed in Article 55-27, paragraph (1) of the Act; the same applies in Article 50-17, item (i)) and of the purchase of self-provided goods, etc. by detainees;

the state of the provision of health, hygiene and medical care to the detainee;

the state of measures taken for the maintenance of discipline and order;

the state of permission or refusal, withholding or restriction of visits, the sending and receiving of letters, and the communications prescribed in Article 55-66, paragraph (1) of the Act by detainees;

the state of requests made by detainees; and

the state of requests for examination, requests for re-examination, reports pursuant to the provisions of Article 55-74, paragraph (1) or Article 55-76, paragraph (1) of the Act and the filing of complaints, and the results of their processing.

The periodic provision of information provided for in Article 55-12, paragraph (1) of the Act, as applied mutatis mutandis pursuant to Article 55-14, paragraph (2) of the Act is carried out by the director of the regional immigration services bureau with jurisdiction over the location of the departure waiting facilities submitting a document stating the necessary information to understand the state of the administration of the departure waiting facilities on the outline of the departure waiting facilities, the maximum capacity of the facilities, changes in the number of its users, the state of the submission of opinions relating to the facilities from the users of the facilities and other highly important particulars on the administration of the facilities at the first committee meeting of each fiscal year.

The provision of necessary information provided for in Article 55-12, paragraph (1) of the Act (including as applied mutatis mutandis pursuant to Article 55-14, paragraph (2)) is to be carried out through the director of an immigration detention center, etc. submitting a document stating the necessary particulars to understand its situations in the following cases at the committee meetings:

if the state of the administration of the immigration detention facilities or the departure waiting facilities has changed considerably;

if the committee requested an explanation on the state of the administration of the immigration detention facilities or the departure waiting facilities;

if measures have been taken in response to opinions presented by the committee; or

beyond what is provided for in the preceding three items, if the director of the immigration detention center, etc. finds that it would be appropriate to provide information on the state of the administration of the immigration detention facilities or the departure waiting facilities.

The director of an immigration detention center, etc. is to endeavor, to the extent possible, to take the measures necessary to reflect the opinions stated by the committee in the administration of the immigration detention centers, etc. or the departure waiting facilities.

The document set forth in Article 55-18, paragraph (2) of the Act is to be kept in the rooms (excluding protection rooms, etc.).

If, after having given the notification pursuant to the provisions of Article 55-18, paragraph (1) of the Act, there has been a change to the notified content, the director of an immigration detention center, etc. must notify the detainee of the changed content in writing on each such occasion. In this case, the provisions of the preceding paragraph apply mutatis mutandis.

The inspection pursuant to the provisions of Article 55-19, paragraph (1) of the Act is to be conducted by the following methods; provided, however, that for a person under 16 years of age, the methods listed in items (i) and (iii) are excluded:

taking facial photographs;

examining physical characteristics;

taking fingerprints.