Immigration Control and Refugee Recognition Act

Upon commencing the detention of a detainee in the immigration detention center, etc., an immigration control officer may inspect the detainee's body to the extent necessary for identifying the detainee. The same applies when the need subsequently arises.

If an inspection is conducted on a female detainee pursuant to the provisions of the preceding paragraph, a female immigration control officer must conduct it; provided, however, that if a female immigration control officer is unable to conduct the inspection, a male immigration control officer may conduct it by directing a female official designated by the director of the immigration detention center, etc.

The director of the immigration detention center, etc. is to set the hours during which meals, sleep and other daily activities are to take place, and notify detainees thereof, pursuant to Ministry of Justice Order.

Detainees are to be lent or provided with the following goods (excluding books, etc.; the same applies hereinafter from this Article through Article 55-24 and in Article 55-68, paragraph (1), item (iii)) that are necessary for daily life in the immigration detention center, etc. (excluding the goods set forth in the items of Article 55-23, paragraph (1)):

clothing and bedding;

meals, and hot water and tea; and

daily necessities, writing materials and other goods.

In addition to what is provided for in the preceding paragraph, detainees may, as necessary, be lent goods used for daily life in the immigration detention center, etc. (excluding the goods set forth in the items of Article 55-23, paragraph (1)) or be provided with luxury items, pursuant to Ministry of Justice Order.

If a detainee requests to use or consume the following goods (excluding the goods set forth in the items of paragraph (1) of the following Article) obtained at their own expense, the director of the immigration detention center, etc. is to permit it pursuant to Ministry of Justice Order, except where there is a risk of hindrance to the maintenance of discipline and order in the immigration detention center, etc. or otherwise to its administration and operation:

clothing;

food and beverages;

room decorations;

luxury items; and

daily necessities, stationery and other goods used for daily life in the immigration detention center, etc.

Detainees are to be allowed to use the following goods obtained at their own expense, except where there is a risk of hindrance to the maintenance of discipline and order in the immigration detention center, etc. or otherwise to its administration and operation:

eyeglasses and other corrective devices;

envelopes and other goods necessary for sending letters; and

other goods specified by Ministry of Justice Order.

With regard to the goods set forth in the items of the preceding paragraph, if a detainee is unable to use such goods obtained at their own expense and it is found necessary, the goods are to be lent or provided to the detainee.

Goods lent or provided pursuant to the provisions of Article 55-21 or paragraph (2) of the preceding Article must be sufficient to maintain the health of detainees, and must be found appropriate in light of their status as detainees, taking into consideration the actual state of the lives of the people and other circumstances.

Officials of an immigration detention center, etc. may inspect the following money and goods:

cash and goods in the possession of a detainee at the time of being detained;

cash and goods (excluding letters; the same applies in the following item) acquired by a detainee during detention, other than the cash and goods set forth in that item (excluding goods provided by the director of the immigration detention center, etc.); and

cash and goods brought or sent to the immigration detention center, etc. by a person other than the detainee for delivery to the detainee.

If goods set forth in item (i) or (ii) of the preceding Article fall under any of the following items, the director of the immigration detention center, etc. is to request the detainee to deliver the goods to a relative (including a person who has not registered a marriage but is in a de facto marital relationship with the detainee; the same applies hereinafter in this Section) or any other person the director finds appropriate, or to otherwise dispose of the goods appropriately:

the goods are inconvenient to store;

the goods are likely to decay or be lost; or

the goods are likely to cause danger.

If a request for disposal of goods has been made pursuant to the provisions of the preceding paragraph and the detainee does not dispose of the goods within a reasonable period, the director of the immigration detention center, etc. is to sell the goods and hand over the proceeds to the detainee; provided, however, that goods that cannot be sold may be discarded.

If cash or goods set forth in Article 55-25, item (iii) fall under any of the following items, the director of the immigration detention center, etc. is to request the person who brought or sent the cash or goods (hereinafter referred to as the "sender" in this Section) to collect them:

delivering them to the detainee is likely to harm the discipline and order of the immigration detention center, etc.;

the name of the sender is unknown;

they are goods other than goods that may be used or consumed at the detainee's own expense or goods found to be necessary upon leaving the facility (hereinafter referred to as "self-provided goods, etc." in this Section); or

they are goods that fall under any of the items of paragraph (1) of the preceding Article.

If, with regard to cash or goods set forth in Article 55-25, item (iii) that fall under item (i) or (ii) of the preceding paragraph, the collection under the provisions of that paragraph cannot be requested because the whereabouts of the sender are unknown, the director of the immigration detention center, etc. must give public notice to that effect by the method specified by Cabinet Order.

If the sender does not collect the cash or goods prescribed in the preceding paragraph by the day on which 6 months have elapsed, counting from the day on which the collection was requested under the provisions of paragraph (1) or the public notice was given pursuant to the provisions of the preceding paragraph, the cash or goods belong to the National Treasury.

With regard to goods prescribed in paragraph (2) that fall under paragraph (1), item (iv), the director of the immigration detention center, etc. may sell them and keep the proceeds even within the period set forth in the preceding paragraph; provided, however, that goods that cannot be sold may be discarded.

If, with regard to cash or goods set forth in Article 55-25, item (iii) that fall under paragraph (1), item (iii) or (iv) (excluding those falling under item (i) or (ii) of that paragraph), the collection under the provisions of that paragraph cannot be requested because the whereabouts of the sender are unknown, or it is not appropriate to request the collection, or the sender has refused to collect them, the director of the immigration detention center, etc. is to request the detainee to deliver them to a relative or any other person the director finds appropriate, or to otherwise dispose of them appropriately.

The provisions of paragraph (2) of the preceding Article apply mutatis mutandis if disposal has been requested pursuant to the provisions of the preceding paragraph.

If a detainee has refused to receive cash or goods set forth in Article 55-25, item (iii) that do not fall under any of the items of paragraph (1), the director of the immigration detention center, etc. is to request the sender to collect them. In this case, the provisions of paragraphs (2) and (3) apply mutatis mutandis.

Of the following money and goods, those that a detainee may use or consume pursuant to the provisions of this Section are to be handed over to the detainee:

money and goods set forth in Article 55-25, item (i) or (ii) that do not fall under any of the items of Article 55-26, paragraph (1); and

money and goods set forth in Article 55-25, item (iii) that do not fall under any of the items of paragraph (1) of the preceding Article (excluding money and goods that the detainee has refused to receive).

Of the money and goods set forth in the items of the preceding paragraph, those other than the ones that a detainee may use or consume pursuant to the provisions of this Section are to be held in custody by the director of the immigration detention center, etc.

The director of an immigration detention center, etc. may, pursuant to Ministry of Justice Order, impose restrictions necessary for the administration and operation of the immigration detention center, etc. on the method of storing personal effects kept by the detainee (meaning goods that a detainee has received and keeps pursuant to the provisions of paragraph (1) of the preceding Article (including goods that the detainee has received and keeps pursuant to the provisions of paragraph (5)) and letters received by the detainee that the detainee keeps; the same applies hereinafter in this Section and in Article 55-68, paragraph (1), item (iv)).

If the total quantity of the personal effects kept by the detainee (excluding those specified by Ministry of Justice Order) (referred to as the "total quantity in possession" in paragraph (5) and the following Article) exceeds the possession limit (meaning the quantity of goods that may be kept per detainee, as determined by the director of an immigration detention center, etc.; the same applies in that paragraph and that Article), or if the total quantity of goods held in custody for a detainee (excluding those specified by Ministry of Justice Order) (referred to as the "total quantity in custody" in paragraph (4) and that Article) exceeds the custody limit (meaning the quantity of goods that may be held in custody per detainee, as determined by the director of an immigration detention center, etc.; the same applies in that paragraph and that Article), the director of an immigration detention center, etc. may request the detainee to deliver goods in a quantity equivalent to the excess to a relative or any other person the director finds appropriate, or to otherwise dispose of them appropriately. The same applies to goods that have become likely to decay or be lost.

The provisions of Article 55-26, paragraph (2) apply mutatis mutandis if disposal has been requested pursuant to the provisions of the preceding paragraph.

If a detainee has requested that personal effects kept by the detainee be held in custody, the director of an immigration detention center, etc. may hold them in custody if the director finds it appropriate; provided, however, that this does not apply if the total quantity in custody would exceed the custody limit.

If a detainee has requested the handover of goods held in custody pursuant to the provisions of the preceding paragraph, the director of the immigration detention center, etc. is to hand them over; provided, however, that this does not apply if the total quantity in possession would exceed the possession limit.