Immigration Control and Refugee Recognition Act

The Minister of Justice is to hear the opinions of the Minister of Foreign Affairs, the Commissioner General of the National Police Agency, the Director-General of the Public Security Intelligence Agency, and the Commandant of the Japan Coast Guard prior to making the decision prescribed in the provisions of item (iii)-2 of the preceding Article.

The Minister of Foreign Affairs, the Commissioner General of the National Police Agency, the Director-General of the Public Security Intelligence Agency, or the Commandant of the Japan Coast Guard may express their opinion to the Minister of Justice pertaining to the decision prescribed in the provisions of item (iii)-2 of the preceding Article.

A foreign national who falls under any of Article 24, item (ii)-4, item (iv), sub-item (b) or item (vi) through item (vii) and also falls under all of the following items (hereinafter referred to as a "foreign national subject to a departure order"), notwithstanding the provisions of the same Article, is to be ordered to depart from Japan in accordance with the procedures provided for in Chapter V, Section 1 through Section 3 and Chapter V-3:

the foreign national falls under either of the following sub-items (a) or (b):

the foreign national has voluntarily appeared at an immigration services office with the intention of promptly departing from Japan before the commencement of an investigation into violations pursuant to the provisions of Article 27; or

after the commencement of an investigation into violations pursuant to the provisions of Article 27 and before receiving a notice pursuant to the provisions of Article 47, paragraph (3), the foreign national has expressed to an immigration inspector or immigration control officer the intention of promptly departing from Japan;

the foreign national does not fall under any of items (iii) through (iii)-5, sub-items (c) through (o) of item (iv), item (viii) or item (ix) of Article 24;

after entering Japan, the foreign national has not been convicted of a crime provided in Part II, Chapter XII, XVI through XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code, Articles 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code) of the Act on Punishment of Physical Violence and Others, the Act on Prevention and Punishment of Robbery and Theft Act, in Articles 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools, and Other Related Matters, in Article 2 or Article 6, paragraph (1) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc. or in Article 22 of the Act on Prevention of Disposal of Stolen Specified Metal Articles, etc., and sentenced to imprisonment;

the foreign national has no past record of being deported from Japan, or of departing from Japan under a departure order pursuant to the provisions of Article 55-85, paragraph (1); or

the foreign national is definitely expected to promptly depart from Japan.

A foreign national (except for crew members; the same applies in the following Article) who is to depart from Japan with the intention of going to an area outside of Japan is to receive confirmation of the departure from an immigration inspector in accordance with the procedures provided for by Ministry of Justice Order at the port of entry or departure from which they depart Japan.

The foreign national set forth in the preceding paragraph must not depart from Japan unless they have received confirmation of the departure.

An immigration inspector may withhold confirmation of the departure limited to 24 hours after the application for confirmation set forth in the preceding Article has been filed by a foreign national who seeks to depart from Japan with the intention of going to an area outside of Japan, when they receive notice from a related organization that the foreign national falls under any of the following items:

a person who is subject to a departure restriction (meaning being required, pursuant to the provisions of Article 342-2 of the Code of Criminal Procedure (Act No. 131 of 1948) (including as applied mutatis mutandis pursuant to Article 404 of the same Act (including as applied mutatis mutandis pursuant to Article 414 of the same Act; hereinafter the same applies in this item); hereinafter the same applies in this item), or by a decision pursuant to the provisions of Article 345-2 (including as applied mutatis mutandis pursuant to Article 404 of the same Act; hereinafter the same applies in this item) or Article 494-3 of the same Act, not to depart from Japan without the permission of a court; the same applies hereinafter) (excluding a person who has received the permission of a court (meaning, for a person subject to a departure restriction pursuant to the provisions of Article 342-2 of the same Act, the permission set forth in that Article; for a person subject to a departure restriction by a decision pursuant to the provisions of Article 345-2 of the same Act, the permission set forth in that Article; and for a person subject to a departure restriction by a decision pursuant to the provisions of Article 494-3 of the same Act, the permission set forth in that Article; the same applies in Article 60-2, paragraph (1), item (i)));

a person who is being prosecuted for a crime punishable by the death penalty, or by life imprisonment or imprisonment for a maximum term of 3 years or more (excluding a person subject to a departure restriction with regard to the punishment pertaining to the prosecution), or a person for whom an arrest warrant, writ of physical escort, detention warrant, or writ of confinement for expert examination has been issued on suspicion of having committed any of these crimes;

a person who has been sentenced to imprisonment or a severer penalty and has not been granted suspension of execution of the entire sentence, until the person has completed the sentence or until they cease to be subject to the execution of the sentence (excluding, with regard to the sentence, those subject to a departure restriction, those released on parole, and those for whom part of the sentence was subject to suspended execution and are currently under suspension of execution of the sentence); or

a person for whom a provisional detention permit or a detention permit has been issued pursuant to the provisions of the Act of Extradition (Act No. 68 of 1953).

If an immigration inspector has withheld confirmation of departure pursuant to the provisions of the preceding paragraph, the immigration inspector must immediately notify the relevant organization that made the notice prescribed in the preceding paragraph to that effect.

The Commissioner of the Immigration Services Agency, when granting the permission set forth in the preceding paragraph, is to have an immigration inspector affix a seal of verification for re-entry in the passport of the foreign national if the foreign national has their passport in their possession, or issue a re-entry permit pursuant to the provisions of Ministry of Justice Order if the foreign national does not have their passport in their possession and is unable to acquire one for reason of being without nationality or for any other reason. In this case, the permission becomes effective as of the date stated on the seal of verification or the re-entry permit.

In granting a re-entry permission, the Commissioner of the Immigration Services Agency must set a validity period that does not exceed 5 years from the date on which the permission becomes valid.

Where an application pursuant to the provisions of Article 20, paragraph (2) or Article 21, paragraph (2) has been filed to the Minister of Justice by a foreign national who has been granted re-entry permission, the Commissioner of the Immigration Services Agency can extend the validity period of the permission until the end of the period during which the foreign national may reside pursuant to the provisions of Article 20, paragraph (6) if the Commissioner finds it appropriate to do so.

The Commissioner of the Immigration Services Agency may grant an extension of the validity period, if the Commissioner finds that a person who has left Japan with the re-entry permission has reasonable grounds for not being able to re-enter within the validity period of the permission based on an application from the foreign national, of up to 1 year and within 6 years from the effective date of the permission.

The permission set forth in the preceding paragraph is to be stated in the passport or the re-entry permit, and the administrative work is to be entrusted to a Japanese consular officer, etc.

If the Commissioner of the Immigration Services Agency finds that it is not appropriate to grant further re-entry permission to a foreign national with re-entry permission, the permission may be revoked while the foreign national is in Japan.

The re-entry permit issued pursuant to the provisions of paragraph (2) is to be treated as a passport, only in cases of entering Japan based on the re-entry permission pertaining to the re-entry permit.

A foreign national residing with a status of residence in Japan (excluding those persons set forth in Article 19-3, items (i) and (ii)) who possess (for mid- to long-term residents, limited to those who possess a residence card) a valid passport (except for the refugee travel document provided for in Article 61-2-15, paragraph (1)), if they depart from Japan by expressing the intention of re-entering Japan pursuant to the provisions of Ministry of Justice Order to an immigration inspector, is deemed to have been granted the re-entry permission set forth in paragraph (1) of the preceding Article, notwithstanding the provisions of the same paragraph; provided, however, that this does not apply to those persons who fall under the provisions of Ministry of Justice Order as persons who are required to acquire re-entry permission for the purpose of impartial control over immigration.

The validity period of the re-entry permission deemed to have been granted to the foreign national pursuant to the provisions of the preceding paragraph is to be for one year from the date of departure from Japan (if the expiration date of the period of stay comes prior to the date one year has elapsed from the date of departure from Japan, the period until the expiration of the period of stay), notwithstanding the provisions of paragraph (3) of the preceding Article.

The provisions of paragraph (5) of the preceding Article do not apply to the re-entry permission deemed to have been granted to the foreign national pursuant to the provisions of paragraph (1).

A foreign national with the status of residence of "Temporary Visitor" in Japan who possesses a valid passport is deemed to have been granted the re-entry permission set forth in Article 26, paragraph (1), if they depart from Japan on a designated passenger ship by expressing the intention of re-entering Japan on the designated passenger ship to an immigration inspector pursuant to the provisions of Ministry of Justice Order, notwithstanding the provisions of paragraph (1), Article 26; provided, however, that this does not apply to those persons who fall under the provisions of Ministry of Justice Order as persons required to acquire re-entry permission for the purpose of impartial control over immigration.

The provisions of paragraphs (2) and (3) of the preceding Article apply mutatis mutandis to the re-entry permission deemed to have been granted to the foreign national pursuant to the provisions of the preceding paragraph. In this case, the term "one year" in paragraph (2) of the same Article is deemed to be replaced with "15 days."