Regulation for Enforcement of the Immigration Control and Refugee Recognition Act

A foreign national who seeks to apply for permission to engage in activities for which remuneration is received pursuant to the provisions of Article 61-2-7, paragraph (2) of the Act must appear at a regional immigration services bureau and submit a written application pursuant to the Appended Form No. 76-8 and a copy of each of the materials proving that engaging in those activities is necessary and appropriate for maintaining their own livelihood and that the amount of remuneration received through those activities is within the extent necessary to maintain their own livelihood.

When permission pursuant to the provisions of Article 61-2-7, paragraph (2) 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 with which the activities pertaining to the permission are engaged in, and other necessary matters are to be stated in the permit for provisional stay, in addition to the matters that are to be stated therein pursuant to the provisions of paragraph (3) of that Article.

When permission to engage in activities for which remuneration is received has been revoked pursuant to the provisions of Article 61-2-7, paragraph (4) of the Act, the person is to be notified to that effect by a written notice of revocation of permission to engage in activities for which remuneration is received pursuant to the Appended Form No. 76-9. In this case, the matters stated in the permit for provisional stay pursuant to the provisions of the preceding paragraph are to be erased, and a statement to the effect that the permission has been revoked is to be entered in that permit for provisional stay.

The notification under the provisions of Article 61-2-8 of the Act is to be made by submitting to a regional immigration services bureau, by the date specified by the director of the regional immigration services bureau within a period not exceeding six months from the date on which permission to engage in activities for which remuneration is received was granted or from the date of the most recent notification, a written notification pursuant to the Appended Form No. 76-10 and a copy of each of the materials clarifying the status of the activities pertaining to the permission to engage in activities for which remuneration is received.

The particulars provided for in Ministry of Justice Order as prescribed in Article 61-2-8 of the Act are as follows:

whether or not there has been any change in the extent necessary to maintain their own livelihood, and the details of any such change; and

other particulars that serve as a reference.

The notice in the case of revoking recognition of refugee status pursuant to the provisions of Article 61-2-10, paragraph (3) of the Act is to be made by a written notice of revocation of recognition of refugee status pursuant to the Appended Form No. 77.

The notice in the case of revoking recognition as a person eligible for complementary protection pursuant to the provisions of Article 61-2-10, paragraph (3) of the Act is to be made by a written notice of revocation of recognition as a person eligible for complementary protection pursuant to the Appended Form No. 77-2.

The provisions of Article 25-2 through Article 25-14 apply mutatis mutandis to the revocation of the status of residence pursuant to the provisions of Article 61-2-11, paragraph (1) of the Act. In this case, the term "immigration inspector" in Article 25-2 is deemed to be replaced with "refugee inquirer"; and the term "immigration inspector in charge of hearing of opinions" in the provisions of the same Article, Article 25-5, Article 25-7 and Article 25-9 to 25-12 is deemed to be replaced with "refugee inquirer in charge of hearing of opinions" and the term "Appended Form No. 37-16 (Appended Form No. 37-17 in the case of designation of the period pursuant to the provisions of the main clause of paragraph (7) of the same Article)" in Article 25-13, paragraph (1) is deemed to be replaced with "Appended Form No. 37-17", respectively.

A request for administrative review pursuant to the provisions of Article 61-2-12, paragraph (1) of the Act is filed by submitting to a regional immigration services bureau a written request for administrative review pursuant to the Appended Form No. 78 or No. 78-2.

A person who falls under any of the following items may not participate in the procedures pertaining to the request for an admistrative review as a refugee examination counselor:

A person who has been involved in a disposition on an administrative review or a person who has been involved in or is to be involved in a disposition related to inaction on a request for an administrative review;

a person who requested an administrative review or a person who is or was a relative of that person;

a guardian, supervisor of guardian, curator, supervisor of curator, assistant, or supervisor of assistant of the person who requested an administrative review;

a person living with the person who requested an administrative review or an employee of that person;

a person who has become the representative or assistant of the person who requested an administrative review with respect to the administrative review;

a person who has become an intervener, witness, or expert with respect to the request for an administrative review; or

in addition to those persons listed in the preceding items, a person with an interest in the person who requested an administrative review.

When hearing the opinions of the refugee examination counselors pursuant to the provisions of Article 61-2-12, paragraph (3) of the Act, the Minister of Justice is to designate three refugee examination counselors to carry out the hearing procedures prescribed in Chapter II, Section 1 and Section 3 of the Administrative Complaint Review Act (Act No. 68 of 2014) in advance, as well as appoint one of them as a person who administers the administrative affairs performed by those three refugee examination counselors.

If the Minister of Justice has made the designation set forth under the preceding paragraph, the Minister is to convene the designated refugee examination counselors and show them the documents prescribed in the following items in accordance with the category listed in each item.

an administrative review of the dispositions prescribed in the items of Article 61-2-12, paragraph (1) of the Act (excluding items (ii) and (v)): a document stating the grounds for the disposition, and documents and materials constituting the basis of the disposition;

an administrative review of inaction pertaining to the application prescribed in Article 61-2-12, paragraph (1), item (ii) or (v) of the Act: a document stating the grounds for the inaction, the document submitted by the person who filed the application and the written evidence set forth under Article 59-2, paragraph (1) pertaining to that application, and other documents stating the results of the investigation conducted pursuant to the provisions of Article 61-2-17, paragraph (1) of the Act.

If the Minister of Justice has made the designation set forth under paragraph (1), the Minister is to have refugee inquirers (limited to persons other than the persons listed in the items of the preceding Article) assist with the administrative affairs performed by the designated refugee examination counselors.

If a refugee examination counselor designated pursuant to the provisions of paragraph (1) has come to fall under any of the items of the preceding Article, the Minister of Justice must revoke the designation pertaining to that refugee examination counselor.

If a refugee examination counselor has been designated pursuant to the provisions of paragraph (1) of the preceding Article, the refugee examination counselor is to specify an appropriate period of time for submitting the written statement provided for in Article 30, paragraph (1) of the Administrative Complaint Review Act as applied mutatis mutandis by replacing the relevant terms pursuant to the provisions of Article 61-2-12, paragraph (6) of the Act, and notify the parties to the proceedings (meaning the parties to the proceedings provided for in Article 28 of the same Act; the same applies hereinafter) to that effect by the notice pursuant to the Appended Form No. 79; provided, however, that this does not apply if the written statement has already been submitted.

If a refugee examination counselor has specified an appropriate period for submitting the written opinion pursuant to the provisions of Article 30, paragraph (2) of the Administrative Complaint Review Act or has specified an appropriate period for submitting documentary evidence, articles of evidence, or documents, or other objects pursuant to the provisions of Article 32, paragraph (3) of the same Act, the refugee examination counselor is to notify the persons concerned in the proceedings to that effect by the notice pursuant to the Appended Form No. 79-2.

If the refugee examination counselor does not provide an opportunity for an oral opinion statement (meaning the oral opinion statement provided for in Article 31, paragraph (2) of the Administrative Complaint Review Act as applied mutatis mutandis by replacing the relevant terms pursuant to the provisions of Article 61-2-12, paragraph (6) of the Act; the same applies in paragraph (1) of the following Article) pursuant to the provisions of the proviso to Article 31, paragraph (1) of the Administrative Complaint Review Act as applied mutatis mutandis by replacing the relevant terms pursuant to the provisions of Article 61-2-12, paragraph (6) of the Act, the refugee examination counselor is to notify the parties to the proceedings to that effect by a written notice of inexecution of an oral opinion statement pursuant to the Appended Form No. 79-3.

The parties to the proceedings are to be convened pursuant to the provisions of Article 31, paragraph (2) of the Administrative Complaint Review Act as applied mutatis mutandis by replacing the relevant terms pursuant to the provisions of Article 61-2-12, paragraph (6) of the Act by a written notice of execution of an oral opinion statement pursuant to the Appended Form No. 79-4.

If a refugee inquirer assists in the administrative affairs of the refugee examination counselors pursuant to the provisions of Article 58-3, paragraph (3), the refugee inquirer is to prepare a written evidence stating the following particulars when the procedures for the oral opinion statement, the procedures seeking a statement of facts pursuant to the provisions of Article 34 of the Administrative Complaint Review Act or the procedures provided for in Article 36 of the Act have been taken:

the title of the administrative review requested;

the names of the persons concerned in the proceedings, representative, assistant, intervener, and interpreter, who appeared;

the time, date, place and type of procedures ;

summary of the opinion statement; and

other necessary particulars.

The written evidence set forth under the preceding paragraph is to have the signature of the refugee inquirer set forth under the same paragraph and the seal of approval of the refugee examination counselor affixed.

Notwithstanding the provisions of the preceding paragraph, when the refugee inquirer set forth under paragraph (1) finds it appropriate, the refugee inquirer may record or video the opinion statement on a tape (including any other media that is capable of recording certain information by equivalent means) and substitute it for entries of the particulars into the written evidence.

In the case referred to in the preceding paragraph, at the request of a person concerned in the proceedings, the refugee inquirer must prepare a document stating a summary of the opinion statement before a transcript of the written decision on the administrative review is issued.

The three refugee examination counselors are to give their opinions and the reasons therefor in the written opinion pursuant to the provisions of Article 42, paragraph (1) of the Administrative Complaint Review Act pertaining to the administrative review pursuant to the provisions of Article 61-2-12, paragraph (1) of the Act, and to affix their signature or their name and seal to the written opinion.

If two or more refugee examination counselors state the same opinion and reasons therefor, they are not required to individually state that opinion and reasons in the written opinion set forth under the preceding paragraph.

The written verdict set forth under Article 50, paragraph (1) of the Administrative Complaint Review Act as applied mutatis mutandis by replacing the relevant terms pursuant to the provisions of Article 61-2-12, paragraph (6) of the Act is to be pursuant to the Appended Form No. 79-5.

The Minister of Justice is to establish multiple groups composed of three refugee examination counselors each, and is to specify the order of the groups of refugee examination counselors to be designated pursuant to the provisions of Article 58-3, paragraph (1). The Minister is to give consideration so that each group is composed of refugee examination counselors with different areas of expertise.

If any or all of the refugee examination counselors composing a group established pursuant to the provisions of the preceding paragraph are unable to participate in the procedures pertaining to the administrative review for which the group is responsible due to falling under any of the items of Article 58-2, a disease or other circumstances, the Minister of Justice is to designate refugee examination counselors of another group in lieu of the refugee examination counselor or all of the refugee examination counselors in the group.