Immigration Control and Refugee Recognition Act

If the supervising immigration inspector conducting the examination pursuant to the provisions of Article 39, paragraph (2) finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, and finds it appropriate to carry out the deportation procedures prescribed in this Chapter without detaining the suspect, taking into consideration the degree of the risk that the suspect will flee or destroy evidence, the degree of the disadvantage the suspect would suffer from detention, and other circumstances, the inspector is to make a decision to place the suspect under supervision measures (meaning measures placing a person under supervision by a supervisor prescribed in the following Article; hereinafter the same applies in this Section). In this case, the inspector is to impose on the suspect to be placed under supervision measures restrictions on the place of residence and scope of activities, an obligation to appear upon receiving summons, and other conditions found necessary to prevent flight and the destruction of evidence (hereinafter referred to as "conditions of supervision measures" in this Section).

In making the decision set forth in the preceding paragraph, if the supervising immigration inspector finds it necessary in order to prevent flight or the destruction of evidence by the person to be placed under supervision measures, the inspector may make it a condition that a deposit of an amount provided for by Ministry of Justice Order not exceeding 3 million yen be paid by the deadline provided for by Ministry of Justice Order.

If the supervising immigration inspector has made the decision set forth in paragraph (1), the inspector is to notify the immigration control officer to that effect.

A suspect detained pursuant to the provisions of Article 39-2, paragraph (2), Article 43, paragraph (1), or Article 44-4, paragraph (6) or the main clause of paragraph (7) (including a suspect granted provisional release pursuant to the provisions of Article 54, paragraph (2); referred to as a "detained suspect" in the following paragraph and paragraph (6)) may request the supervising immigration inspector to place them under supervision measures, pursuant to the provisions of Ministry of Justice Order.

If a detained suspect is under 16 years of age, or is unable to make the request set forth in the preceding paragraph personally due to illness or other reasons, the request may be made on behalf of the detained suspect by a person set forth in any of the following items (excluding a person under 16 years of age) who lives with the detained suspect, in the order of those items:

spouse;

child;

father or mother;

a relative other than the persons set forth in the preceding three items.

If, upon the request set forth in paragraph (4) or ex officio, the supervising immigration inspector finds it appropriate to release the detained suspect and carry out the deportation procedures prescribed in this Chapter, taking into consideration the degree of the risk that the detained suspect will flee or destroy evidence, the degree of the disadvantage the detained suspect suffers from detention, and other circumstances, the inspector is to make a decision to release the person and place them under supervision measures. In this case, the inspector is to impose conditions of supervision measures on the person to be placed under supervision measures, and, if the inspector finds it necessary in order to prevent flight or the destruction of evidence by the person, may have the person pay a deposit of an amount provided for by Ministry of Justice Order not exceeding 3 million yen.

In making a decision on supervision measures (meaning the decision set forth in paragraph (1) or the preceding paragraph; hereinafter the same applies in this Section and Article 50, paragraph (2)), the supervising immigration inspector is to issue, pursuant to the provisions of Ministry of Justice Order, a written notice of the decision on supervision measures stating the conditions imposed with the supervision measures to the person under supervision measures (meaning a person placed under supervision measures; hereinafter the same applies except in Section 4), and a certified copy thereof to the supervisor, respectively.

If the supervising immigration inspector has made the decision on supervision measures set forth in paragraph (6), the inspector is to immediately release the person under supervision measures; provided, however, that if the inspector has decided, in making the decision on supervision measures set forth in the same paragraph, to have a deposit paid, the inspector is to release the person under supervision measures immediately after the deposit has been paid.

If a request set forth in paragraph (4) has been made and the supervising immigration inspector does not make a decision on supervision measures, the inspector notifies the person who made the request to that effect by a document stating the reasons.

With regard to the application of the provisions of Article 70 to a person under supervision measures, while the person is placed under supervision measures pursuant to the provisions of paragraph (1) or paragraph (6), the person under supervision measures is deemed not to fall under a person who remains in Japan or a person who does not depart from Japan as prescribed in items (iii) through (iii)-3, item (v), and items (vii) through (viii)-4 of paragraph (1) of the same Article, and the stay of the person during that period is deemed not to constitute illegally staying as prescribed in paragraph (2) of the same Article.

A supervisor is to be selected by the supervising immigration inspector making the decision on supervision measures from among persons who understand the responsibilities of a supervisor prescribed in the following paragraph through paragraph (5), who have consented to become the supervisor of the person under supervision measures, and who are found to be suitable in consideration of their ability to perform the duties.

A supervisor is to keep track of the living conditions of the person under supervision measures whom the supervisor supervises, and to provide guidance and oversight to the person under supervision measures, to the extent necessary to ensure the appearance of the person under supervision measures and other compliance with the conditions of supervision measures or the conditions imposed pursuant to the provisions of Article 44-5, paragraph (1) (referred to as "conditions of supervision measures, etc." in the following paragraph and paragraph (5)).

In order to contribute to ensuring the appearance of the person under supervision measures whom the supervisor supervises and other compliance with the conditions of supervision measures, etc., a supervisor is to endeavor to respond to consultations from the person under supervision measures and to provide the person under supervision measures with support for maintaining a residence, necessary information, advice and other assistance.

If a supervisor falls under any of the following items, the supervisor must notify the supervising immigration inspector to that effect and of the particulars provided for by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order:

the supervisor has come to know that the person under supervision measures falls under any of the items of paragraph (2) of the following Article;

the person under supervision measures has died;

beyond what is set forth in the preceding two items, the case falls under a case provided for by Ministry of Justice Order as a case in which continuing the supervision measures is impeded.

If it is necessary to ensure the appearance of a person under supervision measures and other compliance with the conditions of supervision measures, etc., the supervising immigration inspector may request the supervisor, pursuant to the provisions of Ministry of Justice Order, to report on the living conditions of the person under supervision measures, the status of compliance with the conditions of supervision measures, etc., the status of activities conducted with the permission pursuant to the provisions of Article 44-5, paragraph (1), and other particulars provided for by Ministry of Justice Order. In this case, the supervisor must make the report pursuant to the provisions of Ministry of Justice Order.

The supervising immigration inspector may revoke the selection of a supervisor if it has become difficult for the supervisor to perform their duties or if the inspector otherwise finds it inappropriate to have the supervisor continue their duties.

If a supervisor resigns as supervisor, the supervisor must notify the supervising immigration inspector in advance of the name of the person under supervision measures and other particulars provided for by Ministry of Justice Order.

The Commissioner of the Immigration Services Agency is to respond to consultations from supervisors and provide necessary information, advice and other assistance for the proper implementation of supervision measures.

The supervising immigration inspector must revoke a decision on supervision measures pursuant to the provisions of Ministry of Justice Order if the case falls under any of the following items:

in the case where the payment of a deposit has been made a condition pursuant to the provisions of Article 44-2, paragraph (2), the person under supervision measures has not paid the deposit by the deadline provided for by Ministry of Justice Order set forth in the same paragraph;

in the case where the selection of the supervisor has been revoked pursuant to the provisions of paragraph (6) of the preceding Article, the supervisor has resigned or the supervisor has died, there is no person to be newly selected as supervisor for the person under supervision measures.

The supervising immigration inspector may revoke a decision on supervision measures pursuant to the provisions of Ministry of Justice Order if the person under supervision measures falls under any of the following items:

the person under supervision measures has fled, or there are reasonable grounds to suspect that the person under supervision measures will flee;

the person under supervision measures has destroyed evidence, or there are reasonable grounds to suspect that the person under supervision measures will destroy evidence;

the person under supervision measures has violated the conditions of supervision measures;

the person under supervision measures has engaged in activities in violation of the provisions of Article 19, paragraph (1), has engaged in activities for which they receive remuneration (excluding activities by a person residing with a status of residence; the same applies hereinafter in this item) without obtaining the permission pursuant to the provisions of paragraph (1) of the following Article, or has engaged in activities of managing a business involving income;

the person under supervision measures has failed to make the notification pursuant to the provisions of Article 44-6 or has made a false notification.

If the supervising immigration inspector has revoked a decision on supervision measures pursuant to the provisions of the preceding two paragraphs, the inspector must prepare a written revocation of the decision on supervision measures, issue a written detention order, and deliver them to an immigration control officer.

The provisions of Article 40 apply mutatis mutandis to the written detention order set forth in the preceding paragraph.

If a deposit has been paid as a condition pursuant to the provisions of Article 44-2, paragraph (2) or (6) and the supervising immigration inspector has revoked the decision on supervision measures pursuant to the provisions of paragraph (2), the inspector is to confiscate the whole or a part of the deposit.

If there is a person whose decision on supervision measures has been revoked, an immigration control officer must show the written revocation of the decision on supervision measures set forth in paragraph (3) and the written detention order to the person, and detain the person in an immigration detention center, etc., or any other place designated by the Commissioner of the Immigration Services Agency or by the supervising immigration inspector entrusted by the Commissioner.

In urgent cases, an immigration control officer may detain a person whose decision on supervision measures has been revoked by informing the person of the summary of the facts of the suspected offense and that the decision on supervision measures has been revoked and a written detention order has been issued, even if the officer is not in possession of the written revocation of the decision on supervision measures set forth in paragraph (3) or the written detention order; provided, however, that the written revocation of the decision on supervision measures and the written detention order must be shown to the person as soon as possible.

If the supervising immigration inspector receives a notice from an immigration control officer that the validity period of the written detention order set forth in paragraph (3) has expired, the inspector must issue a written detention order again and deliver it to the immigration control officer.

If a person whose decision on supervision measures has been revoked pursuant to the provisions of paragraph (1) or (2) had been detained pursuant to the provisions of Article 39-2, paragraph (2) or Article 43, paragraph (1) before being placed under those supervision measures, the number of days of that detention is deemed to be the number of days already detained under the written detention order set forth in paragraph (3), with regard to the application of the provisions of Article 41, paragraph (1) in relation to that written detention order.