Immigration Control and Refugee Recognition Act

The purpose of the Immigration Control and Refugee Recognition Act is to provide for fair management over the entry and departure procedures of all persons in Japan, the residence of foreign nationals in Japan, as well as consolidate the recognition procedures of the refugee status.

The terms in the following items as used in the Immigration Control and Refugee Recognition Act and the orders pursuant to the Act are to have the meanings as are defined in each item.

the term "foreign national" means a person who does not have Japanese nationality;

the term "crew member" means a crew member of a vessel or aircraft;

the term "refugee" means a refugee who falls under the provisions of Article 1 of the Convention Relating to the Status of Refugees (hereinafter referred to as the "Refugee Convention") or the provisions of Article 1 of the Protocol Relating to the Status of Refugees;

the term "person eligible for complementary protection" means a person other than a refugee who satisfies the requirements for a refugee to whom the Refugee Convention applies, other than the requirement that the reason for which the person is likely to be persecuted is a reason prescribed in Article 1A(2) of the Refugee Convention;

the term "Japanese consular officer, etc." means a Japanese ambassador, minister or consular officer who is stationed in a foreign country;

the term "passport" means any of the following documents:

a passport, a refugee travel document or any other certificate in lieu of the passport (including a travel certificate issued by a Japanese consular officer, etc.) issued by the Japanese Government, a foreign government recognized by the Japanese Government or any authorized international organization;

a document which is equivalent to one of the documents set forth in sub-item (a), issued by any authorized organization of the region as provided for by Cabinet Order;

the term "crew member's pocket-ledger" means a mariner's pocket-ledger or any other equivalent document issued to a crew member by an authorized organization;

the term "human trafficking" means any of the following acts:

the kidnapping, buying or selling of persons for the purpose of profit, indecency or threats to a person's life or body, or transferring, receiving, transporting or hiding persons who have been kidnapped, bought or sold;

beyond what is provided for in sub-item (a), placing persons under 18 years of age under one's control for the purpose of profit, indecency or threats to a person's life or body;

beyond what is provided for in sub-item (a), handing over persons under 18 years of age, knowing that they will be or are likely to be placed under the control of a person who has the purpose of profit, indecency or threat to their lives or bodies;

the term "port of entry or departure" means a seaport or airport at which a foreign national enters or departs from Japan, as provided for by Ministry of Justice Order;

the term "carrier" means a person who is engaged in the business of transporting persons or goods by means of vessels or aircraft between Japan and areas outside of Japan;

the term "immigration inspector" means an immigration inspector as provided in Article 61-3;

the term "supervising immigration inspector" means an immigration inspector of a supervisory rank designated by the Commissioner of the Immigration Services Agency;

the term "special inquiry officer" means an immigration inspector designated and authorized by the Commissioner of the Immigration Services Agency to hold hearings;

the term "refugee inquirer" means an immigration inspector designated by the Commissioner of the Immigration Services Agency to execute the duties prescribed in Article 61-3, paragraph (2), item (ii) (limited to the parts pertaining to Article 22-4, paragraph (2), as applied mutatis mutandis to Article 61-2-11, paragraph (2)) and in item (iii) (limited to the parts pertaining to Article 61-2-17, paragraphs (1) and (2));

the term "immigration control officer" means an immigration control officer as provided in Article 61-3-2;

the term "investigation into violations" means an investigation conducted by an immigration control officer into violations of laws or regulations upon entry, landing or residence of a foreign national;

the term "immigration detention center" means an immigration detention center provided for in Article 30 of the Act for Establishment of the Ministry of Justice (Act No. 93 of 1999);

the term "immigration detention center, etc." means an immigration detention center or a detention house established pursuant to the provisions of Article 55-3, paragraph (1);

the term "electronic or magnetic record" means a record created by an electronic or magnetic means (meaning an electronic means, a magnetic means or any other means that cannot be recognized by human perception; the same applies hereinafter) which is used in information processing by computers.

Except as otherwise provided in the Immigration Control and Refugee Recognition Act and other laws, a foreign national is to reside in Japan under the status of residence (in the case of the status of residence of "Highly Skilled Professional", including the category of item (i), sub-items (a) through (c) or item (ii) set forth in the right-hand column under "Highly Skilled Professional" of the Appended Table I (2); in the case of the status of residence of "Intra-company Transferee", including the category of item (i) or (ii) set forth in the right-hand column under "Intra-company Transferee" of the same Table; in the case of the "Specified Skilled Worker" status of residence, including the category of item (i) and (ii) set forth in the right-hand column under "Specified Skilled Worker" of the same Table; the same applies hereinafter) associated with that foreign national's permission for landing, under the status of residence that the foreign national has acquired, or under the status of residence following a change to either of these.

The categories of status of residence are to be as set forth in the left-hand column of Appended Table I (in the case of the status of residence of "Highly Skilled Professional", including the category of item (i), sub-items (a) through (c) or item (ii) set forth in the right-hand column under "Highly Skilled Professional" of the Appended Table I (2); in the case of the status of residence of "Intra-company Transferee", including the category of item (i) or (ii) set forth in the right-hand column under "Intra-company Transferee" of the same Table; in the case of the "Specified Skilled Worker" status of residence, including the category of item (i) and (ii) set forth in the right-hand column under "Specified Skilled Worker" of the same Table; the same applies hereinafter) and the Appended Table II. A foreign national residing in Japan under a status of residence set forth in the left-hand column of Table I may engage in the activities set forth in the right-hand column corresponding to that status, while a foreign national residing under a status of residence set forth in the left-hand column of Table II may engage in the activities of a person with the status or position set forth in the right-hand column corresponding to that status.

The period during which a foreign national may reside as set forth in paragraph (1) (hereinafter referred to as "period of stay") is determined for each status of residence by Ministry of Justice Order; and if the status of residence is one other than that of "Diplomat", "Official", "Highly Skilled Professional" or "Permanent Resident" (in the case of the status of residence of "Highly Skilled Professional", limited to those pertaining to item (ii) in the right-hand column under "Highly Skilled Professional" of the Appended Table I (2)), the period of stay does not exceed 5 years.