Immigration Control and Refugee Recognition Act

An immigration inspector may grant a foreign national (except for crew members) aboard a vessel permission for landing in transit upon application by the captain of the vessel or the carrier who operates the vessel, if the foreign national wishes to land temporarily for the purpose of sightseeing while the vessel is in Japan, and to return to the vessel at another port of entry or departure at which the vessel is scheduled to call.

An immigration inspector, upon application by the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft, may grant a foreign national (except for crew members) aboard the vessel or aircraft permission for landing in transit if the foreign national wishes to go to an area outside of Japan via Japan and to depart from Japan within 3 days of their entry into Japan from another port of entry or departure in the vicinity of the port at which the foreign national entered Japan on board a vessel or aircraft other than the one on which the foreign national arrived in Japan.

If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding two paragraphs, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.

In granting the permission set forth in paragraph (1) or (2), the immigration inspector must affix a seal of verification for landing in transit to the passport possessed by the foreign national.

In granting the permission set forth in paragraph (1) or (2), the immigration inspector may impose restrictions on the foreign national's period of landing, transit route and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.

The provisions of the proviso to paragraph (1) of Article 14 apply mutatis mutandis to the cases referred to in paragraphs (1) and (2) of this Article.

An immigration inspector may grant landing permission to crew members who are foreigners (including those who become crew members in Japan; hereinafter the same applies in this Article) who wish to land for a period not exceeding 15 days for the purpose of transferring to another vessel or aircraft (including the boarding of a vessel or aircraft), rest, shopping or other similar purposes upon application by the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft (including the vessel or aircraft they are to board) in accordance with the procedures provided for by Ministry of Justice Order.

An immigration inspector may grant landing permission to crew members who fall under any of the following items, if it is found appropriate to do so:

in case a foreign crew member of a vessel in regular service between Japan and other countries or of other vessels that frequently enter Japanese ports of entry and departure wishes to land in Japan for rest, shopping or other similar purposes on multiple occasions for a period within 1 year from the date of permission, upon application by the captain of the vessel or the carrier who operates the vessel on which the foreign crew member is aboard, in accordance with the procedures provided for by Ministry of Justice Order; or

in case a foreign crew member of an aircraft in regular service between Japan and other countries wishes to land in Japan for a period not exceeding fifteen days from each arrival date for rest, shopping or other similar purposes and to depart from the same port of entry or departure as a crew member of an aircraft belonging to the same carrier on multiple occasions within 1 year from the date of permission, upon application by the carrier, in accordance with the procedures provided for by Ministry of Justice Order.

If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding two paragraphs, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.

In granting the permission set forth in paragraph (1) or (2), the immigration inspector must issue a crew member's landing permit to the crew member.

In granting the permission set forth in paragraph (1), the immigration inspector may impose restrictions on the crew member's period of landing, scope of activities (including the route to be taken in transit) and other conditions found necessary, pursuant to the provisions of Ministry of Justice Order.

The provisions of the proviso to Article 14, paragraph (1), apply mutatis mutandis to the cases referred to in paragraphs (1) and (2) of this Article.

If the crew member who has been granted the permission set forth in paragraph (2) of this Article seeks to land based on that permission, the immigration inspector may, if found necessary, require the crew member to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.

In the case the crew member who has been granted the permission set forth in paragraph (2) intends to land based on that permission, and if the immigration inspector learns that the crew member falls under any of the items of Article 5, paragraph (1), the inspector is to immediately cancel the permission.

Except as provided for in the preceding paragraph, the immigration inspector may cancel the permission, in accordance with the procedures provided for by Ministry of Justice Order, if the inspector finds it inappropriate to continue to grant the permission. In this case, if the crew member is in Japan, the inspector is to designate a period necessary for the crew member to return to their ship or depart from Japan.

In the case of disease or any other accident which requires emergency landing of a foreign national aboard a vessel or aircraft for the purpose of medical treatment, an immigration inspector may grant permission for emergency landing to the foreign national based on an application by the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft until the grounds cease to exist, subject to a medical examination by a physician designated by the Minister of Health, Labour and Welfare or the Commissioner of the Immigration Services Agency.

If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding paragraph, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.

In granting the permission set forth in paragraph (1), the immigration inspector must issue an emergency landing permit to the foreign national.

If the permission set forth in paragraph (1) is granted, the captain of the vessel or aircraft or the carrier set forth in the same paragraph must pay the living expenses, medical treatment expenses, and funeral expenses and any other expenses incurred during the emergency landing period for the person granted emergency landing permission.

If a vessel or aircraft is in distress and an immigration inspector finds it necessary for the rescue and protection of foreign national on board the vessel or aircraft or for any other urgent necessity, the inspector may grant the foreign national, landing permission due to distress based on an application by the mayor of the city, town or village who gives aid to the victims pursuant to the provisions of the Sea Casualties Rescue Act (Act No. 95 of 1899), on an application by the captain of a vessel or aircraft who gave aid to the foreign national, or the captain of the vessel or aircraft in distress or the carrier who operates the vessel or aircraft.

The immigration inspector is to immediately grant permission for landing due to distress, notwithstanding the provisions of the preceding paragraph, if the foreign national set forth in the preceding paragraph has been transferred by a police officer or a coast guard officer.

If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in paragraph (1) of this Article, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order. The same applies if the inspector finds it necessary when the foreign national is handed over pursuant to the provisions of the preceding paragraph.

In granting the permission set forth in paragraph (1) or (2), the immigration inspector must issue a landing permit due to distress to the foreign national.

In granting the permission set forth in paragraph (1) or paragraph (2), the immigration inspector may impose restrictions on the foreign national's period of landing, scope of activities and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.

An immigration inspector may grant landing permission for temporary refuge upon an application by a foreign national aboard a vessel or aircraft who is considered to fall under all of the following items:

a person who falls under either of the following sub-items (a) or (b):

a person who has entered Japan for the reasons prescribed in Article 1, paragraph A-(2) of the Refugee Convention or other reasons equivalent thereto after fleeing from a territory where their life, body or physical freedom were threatened;

a person who has entered Japan after fleeing from a territory where they were likely to be persecuted (excluding a person set forth in sub-item (a)); and

it would be appropriate to grant temporary landing permission to the person.

If the immigration inspector finds it necessary for an examination pertaining to the permission pursuant to the provisions of the preceding paragraph, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.

In granting the permission pursuant to the provisions of paragraph (1), the immigration inspector must issue a landing permit for temporary refuge to the foreign national.

In granting the permission pursuant to the provisions of paragraph (1), the immigration inspector may impose restrictions on the foreign national's period of landing, place of residence, scope of activities and other conditions found necessary, pursuant to the provisions of Ministry of Justice Order.