Immigration Control and Refugee Recognition Act

If an immigration control officer finds that there are reasonable grounds to believe that a suspect falls under the category of a foreign national subject to a departure order, notwithstanding the provisions of Article 39, paragraph (1), the officer must transfer the case concerning the violation pertaining to the suspect to an immigration inspector.

If the immigration inspector is transferred a case of a violation pursuant to the provisions of the preceding paragraph, they must promptly examine whether the suspect falls under the category of a foreign national subject to a departure order.

If the immigration inspector finds that the suspect falls under the category of a foreign national subject to a departure order as a result of the examination, they must promptly notify a supervising immigration inspector to that effect.

If the immigration inspector finds that there are reasonable grounds to suspect that the suspect falls under the category of a foreign national subject to deportation, the inspector is to notify the immigration control officer to that effect and send the case of the violation back to the immigration control officer.

If a supervising immigration inspector receives a notice pursuant to the provisions of Article 47, paragraph (2), Article 48, paragraph (7), Article 49, paragraph (5), or paragraph (3) of the preceding Article, the inspector is to promptly order the suspect to whom the notice pertains to depart from Japan. In this case, the inspector must designate a period not exceeding 15 days within which the suspect must depart from Japan.

If the supervising immigration inspector gives a departure order pursuant to the provisions of the preceding paragraph, the inspector must deliver a written departure order to the suspect pursuant to the provisions of the following Article.

If the supervising immigration inspector gives a departure order pursuant to the provisions of paragraph (1), the inspector may, pursuant to Ministry of Justice Order, impose restrictions on the suspect's place of residence and scope of activities, and impose other conditions the inspector finds necessary.

A written departure order delivered pursuant to the provisions of paragraph (2) of the preceding Article is to state the name, age and nationality of the foreign national who has been given the departure order, the reason for the departure order, the deadline for the departure, the date of issuance of the departure order and other particulars provided by Ministry of Justice Order, and the name and seal of the supervising immigration inspector must also be affixed thereto.

Upon receiving notification from the foreign national who has been given a departure order pursuant to the provisions of Article 55-85, paragraph (1) that they are unable to depart from Japan within the deadline for departure pertaining to the departure order, the supervising immigration inspector may extend the deadline for departure pursuant to the provisions of Ministry of Justice Order, provided that the inspector finds grounds not attributable to that person, such as the operating schedule of the vessel or aircraft used for departure.

If a foreign national who has been given a departure order pursuant to the provisions of Article 55-85, paragraph (1) violates any of the conditions imposed pursuant to the provisions of paragraph (3) of the same Article, the supervising immigration inspector may revoke the departure order.