Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

The director of an immigration detention center, etc. may request a person who requests a visit with a detainee to submit a written request stating the following particulars, or may ask the person questions about those particulars:

nationality or region, name, date of birth, address, telephone number, occupation, and the name of their place of work;

the nationality or region and name of the detainee whom the person wishes to visit, and the person's relationship with the detainee;

the purpose of the visit;

hand baggage and other belongings.

In the case referred to in the preceding paragraph, if the director of an immigration detention center, etc. finds it necessary, the director may request the person who requests a visit with a detainee to submit or present documents or other objects proving the particulars listed in the items of the same paragraph.

When a request for a visit with a detainee has been made, the director of an immigration detention center, etc. may ask the detainee about the name of the person who made the request and that person's relationship with the detainee.

When restricting the number of visitors of a detainee pursuant to the provisions of Article 55-58, paragraph (1) of the Act, the number must not be less than three; provided, however, that this does not apply when it is unavoidable due to the structure of the facility.

The place of visits for detainees is to be designated by the director of an immigration detention center, etc.

The place of visits for detainees is to be a room equipped with a partition between the detainee and the visitor; provided, however, that this does not apply in the following cases if there is no risk of hindrance to the maintenance of discipline and order at the immigration detention centers, etc. or otherwise to their administration and operation:

if the detainee has a visit with a consular officer of the state of which the detainee is a national or citizen;

if the detainee has a visit with their biological child or adopted child, or if there are any other circumstances that make it appropriate for the detainee to have a visit in a place other than a room equipped with a partition between the detainee and the visitor.

The days on which visits with detainees (excluding visits with consular officers, etc. (meaning the consular officers, etc. prescribed in Article 55-56, paragraph (1) of the Act; the same applies in Article 50-38 and Article 50-39)) are permitted are to be days other than the days set forth in the items of Article 50-15, paragraph (3).

When restricting the hours of visits with detainees pursuant to the provisions of Article 55-58, paragraph (1) of the Act, the hours must not be less than four hours per day; provided, however, that this does not apply in the case where there is a risk of hindrance to the maintenance of discipline and order or to the other aspects of the administration and operation of the immigration detention center, etc.

When restricting the duration of visits with detainees pursuant to the provisions of Article 55-58, paragraph (1) of the Act, the duration must not be less than 30 minutes; provided, however, that when it is found to be unavoidable in light of the status of requests for visits, the number of rooms designated as places for visits and other circumstances, the duration may be restricted to less than 30 minutes, to the extent that it is not less than five minutes.

Restrictions under the provisions of Article 55-58, paragraph (1) of the Act on the frequency of visits with detainees may be imposed on the frequency of visits with persons other than consular officers, etc.

The director of an immigration detention center, etc. is to specifically set out the following matters to be observed by persons visiting detainees (excluding consular officers, etc.), and post them in a place within the immigration detention center, etc. where they are easily seen:

not to engage in an act falling under any of Article 55-57, paragraph (1), item (i), (a) through (c) of the Act; and

not to make a statement with content falling under any of Article 55-57, paragraph (1), item (ii), (a) through (c) of the Act.

Restrictions under the provisions of Article 55-62 of the Act on the guidelines for preparing letters sent by detainees may be imposed with regard to the following matters:

the specifications of the paper and envelopes for letters and the types of writing implements used to prepare letters; and

the method of writing necessary for conducting the inspection of letters smoothly.

Even in the case where the director of an immigration detention center, etc. restricts the days and hours on which detainees apply to send letters pursuant to the provisions of Article 55-62 of the Act, the director must accept an application to send a letter when there is an urgent need to send it.

Restrictions under the provisions of Article 55-62 of the Act on the methods by which detainees send letters may be imposed by restricting those methods to sending by mail (excluding mail using the special handling prescribed in Article 44 of the Postal Act (Act No. 165 of 1947) (excluding the handling of express mail and special New Year's greeting mail)) or any other method that the director of an immigration detention center, etc. finds necessary for the administration and operation of the immigration detention center, etc.

Restrictions under the provisions of Article 55-62 of the Act on the methods by which detainees receive letters may be imposed by restricting those methods to receiving by mail or correspondence delivery, by telegram, or by any other method that the director of an immigration detention center, etc. finds necessary for the administration and operation of the immigration detention center, etc.

A letter addressed to multiple detainees that the detainees are permitted to receive is delivered to one of them.

With regard to letters addressed to a detainee that the detainee is permitted to receive whose content is written on an article other than paper, that have a sound-emitting device attached, or that otherwise have the nature of an article other than a letter, in the case where they are not to be handed over to the detainee pursuant to the provisions of Article 55-28, paragraph (1) of the Act, the detainee is to be made aware of their content (excluding the portions to be deleted or blotted out pursuant to the provisions of Article 55-61 of the Act) by being shown the article or by other means, except in the case where the detainee's receipt of them is withheld pursuant to the provisions of that Article.

The handover, under the provisions of Article 55-64, paragraph (4) of the Act, of withheld letters, etc. (meaning the withheld letters, etc. prescribed in paragraph (3) of that Article) in the case where a detainee has died is to be made to the person among the bereaved family, etc. who first made the application prescribed in paragraph (4) of that Article.

The notice under the provisions of Article 55-82 of the Act is to be given to the person set forth in Article 50-18, paragraph (2), item (i).

In the case referred to in the preceding paragraph, if the notice cannot be given because the whereabouts of the person set forth in Article 50-18, paragraph (2), item (i) are unknown, the notice is to be given to a person set forth in item (ii) or (iii) of that paragraph.

When a detainee has died, the director of an immigration detention center, etc. must take appropriate measures, such as immediately requesting a physician to conduct a postmortem examination, and clarify the cause of death and other necessary matters.

When the director of an immigration detention center, etc. carries out the burial or cremation of the body of a detainee pursuant to the provisions of Article 55-83, paragraph (1) of the Act, the director must do so in cooperation with the head of the municipality.

The provisions of Article 50-3 through the preceding Article apply mutatis mutandis to the treatment of a person detained in a place other than an immigration detention center, etc. under a written detention order or a written deportation order, to the extent that this is not contrary to the nature of that treatment.

When the director of an immigration detention center, etc. establishes detailed rules concerning the treatment of detainees, the director must obtain the approval of the Commissioner of the Immigration Services Agency in advance. The same applies when the director seeks to change those rules.