Immigration Control and Refugee Recognition Act

If the supervising immigration inspector finds it necessary for maintaining the livelihood of a person under supervision measures and appropriate, the inspector may, upon an application from the person under supervision measures (limited to an application with the consent of the supervisor), grant permission to engage, under the supervision of the supervisor and to the extent necessary for maintaining the livelihood of the person under supervision measures, in activities for which remuneration is received that are appropriate as activities conducted based on an employment contract with a public or private organization in Japan designated by the supervising immigration inspector. In this case, the supervising immigration inspector may impose conditions necessary for the permission.

If the supervising immigration inspector has granted the permission pursuant to the provisions of the preceding paragraph, the inspector is to state that fact and the conditions imposed on the permission in the written notice of the decision on supervision measures set forth in Article 44-2, paragraph (7), pursuant to the provisions of Ministry of Justice Order.

If the supervising immigration inspector has granted the permission pursuant to the provisions of paragraph (1), the inspector is to notify the supervisor that the permission has been granted and of the conditions imposed on the permission, pursuant to the provisions of Ministry of Justice Order.

If the person under supervision measures has violated the conditions imposed pursuant to the provisions of paragraph (1), or if the supervising immigration inspector otherwise finds it inappropriate to continue to grant the person under supervision measures the permission pursuant to the provisions of the same paragraph, the inspector may revoke the permission pursuant to the provisions of Ministry of Justice Order.

A person under supervision measures must notify the supervising immigration inspector of the status of compliance with the conditions of supervision measures, the status of activities conducted with the permission pursuant to the provisions of paragraph (1) of the preceding Article, and other particulars provided for by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order.

If a decision to place a suspect under supervision measures has been made pursuant to the provisions of Article 44-2, paragraph (1) or (6) (excluding where the suspect has been handed over pursuant to the provisions of Article 44), an immigration control officer must promptly complete the investigation into violations and transfer the violation case pertaining to the suspect to an immigration inspector, together with the written evidence and articles of evidence.

A decision on supervision measures ceases to be effective if any of the following items comes to apply. In this case, the supervising immigration inspector must notify the person under supervision measures and the supervisor to that effect:

an immigration inspector has made the findings set forth in Article 47, paragraph (1);

a special inquiry officer has made the determination set forth in Article 48, paragraph (6);

the Minister of Justice has made the decision set forth in Article 49, paragraph (3) (limited to a decision that the objection is within reason on the grounds that the person does not fall under any of the items of Article 24);

the Minister of Justice has granted the permission pursuant to the provisions of Article 50, paragraph (1);

a supervising immigration inspector has issued a departure order pursuant to the provisions of Article 55-85, paragraph (1);

a supervising immigration inspector has issued a written deportation order.

If it is necessary in order to make a disposition concerning a decision on supervision measures, the revocation of a decision on supervision measures pursuant to the provisions of Article 44-4, paragraph (1) or (2), the permission pursuant to the provisions of Article 44-5, paragraph (1), or the revocation of the permission pursuant to the provisions of paragraph (4) of the same Article, the supervising immigration inspector may have an immigration inspector or an immigration control officer inquire into the facts.

If it is necessary for continuously keeping track of information on a person under supervision measures, the supervising immigration inspector may have an immigration inspector or an immigration control officer inquire into the facts with regard to the particulars that are to be notified pursuant to the provisions of Article 44-3, paragraph (4) or Article 44-6, or the particulars on which a report may be requested pursuant to the provisions of Article 44-3, paragraph (5).

If it is necessary for the inquiry set forth in the preceding two paragraphs, an immigration inspector or an immigration control officer may request the appearance of persons concerned, ask them questions, or request them to present documents or electronic or magnetic records.

An immigration inspector or an immigration control officer may make inquiries to public offices or public or private organizations and request reports on necessary particulars with regard to the inquiry set forth in paragraphs (1) and (2).

If a suspect has been transferred to an immigration inspector pursuant to the provisions of Article 44, or a violation case has been transferred to an immigration inspector pursuant to the provisions of Article 44-7, the immigration inspector must promptly examine whether the suspect falls under the category of a foreign national subject to deportation (a foreign national who falls under any of the items of Article 24 but does not fall under the category of a foreign national subject to a departure order; the same applies hereinafter).

In the event that the immigration inspector has conducted the examination set forth in the preceding paragraph, they must prepare a written evidence thereof.

An immigration inspector must immediately release the suspect if they find that the suspect does not fall under any of the items of Article 24, as a result of an examination, except where the suspect is a person under supervision measures.

If an immigration inspector finds that the suspect falls under the category of a foreign national subject to a departure order, as a result of an examination, the inspector must promptly notify a supervising immigration inspector of that finding. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-85, paragraph (1), the immigration inspector must immediately release the suspect, except where the suspect is a person under supervision measures.

If an immigration inspector finds that the suspect falls under the category of a foreign national subject to deportation as a result of examination, they must promptly notify a supervising immigration inspector and the suspect of their findings in writing, stating the reasons for those findings.

In making the notice pursuant to the provisions of the preceding paragraph, the immigration inspector must notify the suspect that the suspect may request a hearing pursuant to the provisions of the following Article and that the suspect may file an application for the permission pursuant to the provisions of Article 50, paragraph (1).

In the case referred to in paragraph (3), if the suspect has no objection to the findings, the supervising immigration inspector must have the foreign national sign a document with a statement that they will not request a hearing. In this case, if the suspect falls under any of the following items, the supervising immigration inspector must promptly issue a written deportation order pursuant to the provisions of Article 51:

the suspect has signed a document with a statement that they will not file an application for the permission pursuant to the provisions of Article 50, paragraph (1);

the suspect has not filed an application for the permission pursuant to the provisions of Article 50, paragraph (1) within 3 days from the day on which they had no objection to the findings set forth in paragraph (3);

the suspect has withdrawn the application for the permission pursuant to the provisions of Article 50, paragraph (1), or has received a disposition not to grant the permission.

A suspect who has received the notice set forth in paragraph (3) of the preceding Article may orally request a hearing to a special inquiry officer within 3 days from the date of receiving the notice, if they have an objection to the findings set forth in the same paragraph.

If a request has been made for the hearing set forth in the preceding paragraph, an immigration inspector must submit the written evidence set forth in Article 45, paragraph (2) and other pertinent documents to a special inquiry officer.

If a request is made for the hearing set forth in paragraph (1), the special inquiry officer must notify the suspect of the time and place of the hearing and promptly conduct the hearing.

If the special inquiry officer conducts a hearing as set forth in the preceding paragraph, the officer must prepare a written evidence of the hearing.

The provisions of Article 10, paragraphs (3) through (6) apply mutatis mutandis to the hearing proceedings set forth in paragraph (3).

If a special inquiry officer determines that the findings set forth in paragraph (3) of the preceding Article are different from the facts (limited to cases in which the suspect does not fall under any of the items of Article 24) as a result of the hearing, they must immediately release the suspect, except where the suspect is a person under supervision measures.

If a special inquiry officer determines that the findings set forth in paragraph (3) of the preceding Article are different from the facts (limited to cases in which the suspect falls under the category of a foreign national subject to a departure order) as a result of the hearing, they must promptly notify a supervising immigration inspector to that effect. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-85, paragraph (1), the special inquiry officer must immediately release the suspect, except where the suspect is a person under supervision measures.

If a special inquiry officer determines that there is no error in the findings set forth in paragraph (3) of the preceding Article as a result of the hearing, they must promptly notify the supervising immigration inspector and the suspect to that effect, and at the same time inform the suspect that they may file an objection pursuant to the provisions of the following Article and that they may file an application for the permission pursuant to the provisions of Article 50, paragraph (1).

If the suspect, upon receipt of the notice pursuant to the provisions of the preceding paragraph, has no objection to the findings set forth in the same paragraph, the supervising immigration inspector is to have the suspect sign a document containing a statement that they will not file an objection.

The provisions of the second sentence of paragraph (5) of the preceding Article apply mutatis mutandis to the issuance of a written deportation order to a suspect who has no objection to the determination set forth in paragraph (8). In this case, "the findings set forth in paragraph (3)" in item (ii) of paragraph (5) of the same Article is deemed to be replaced with "the determination set forth in paragraph (8) of the following Article".