Immigration Control and Refugee Recognition Act

If the supervising immigration inspector conducting the examination pursuant to the provisions of paragraph (8) of the preceding Article finds it appropriate not to detain a person subject to deportation (excluding a person who is detained or a person who has been granted provisional release) until the time deportation becomes possible, taking into consideration the degree of the risk that the person will flee or engage in illegal work, the degree of the disadvantage the person would suffer from detention, and other circumstances, the inspector is to make a decision to place the person 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 person 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 illegal work (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 illegal work 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 person subject to deportation (limited to a person who is detained or a person who has been granted provisional release; the same applies in the following paragraph) may request the supervising immigration inspector to place them under supervision measures, pursuant to the provisions of Ministry of Justice Order.

If, upon the request set forth in the preceding paragraph or ex officio, the supervising immigration inspector finds it appropriate to release the person subject to deportation until the time deportation becomes possible, taking into consideration the degree of the risk that the person will flee or engage in illegal work, the degree of the disadvantage the person 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 illegal work 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), 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 in this Section), and a certified copy thereof to the supervisor, respectively.

The provisions of Article 44-2, paragraph (5) apply mutatis mutandis to the request set forth in paragraph (4), and the provisions of paragraphs (8) and (9) of the same Article apply mutatis mutandis to the decision set forth in paragraph (5), respectively.

With regard to the application of the provisions of Article 70 to a person under supervision measures, while the person under supervision measures is placed under supervision measures pursuant to the provisions of paragraph (1) or paragraph (5), 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 concerned, 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 that person under supervision measures, to the extent necessary to ensure the appearance of that person under supervision measures and other compliance with the conditions of supervision measures.

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, a supervisor is to endeavor to respond to consultations from that person under supervision measures and to provide that 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 items (ii) through (v) 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, 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, 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 provisions of Article 44-3, paragraph (6) apply mutatis mutandis to the revocation of the selection of a supervisor, the provisions of paragraph (7) of the same Article apply mutatis mutandis to the resignation of a supervisor, and the provisions of paragraph (8) of the same Article apply mutatis mutandis to assistance to supervisors, respectively.

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 52-2, 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 Article 44-3, paragraph (6) as applied mutatis mutandis pursuant to 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:

it has become necessary to detain the person under supervision measures in order to carry out deportation;

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 engaged in activities of managing a business involving income or activities for which they receive remuneration, or there are reasonable grounds to suspect that the person under supervision measures will engage in these activities;

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

the person under supervision measures has failed to make the notification pursuant to the provisions of the following Article 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 and deliver it to an immigration control officer together with the written deportation order.

If a deposit has been paid as a condition pursuant to the provisions of Article 52-2, paragraph (2) or (5) and the supervising immigration inspector has revoked the decision on supervision measures pursuant to the provisions of paragraph (2) (excluding where the person under supervision measures fell under item (i) of the same paragraph (excluding where the person under supervision measures fell under any of items (ii) through (v) of the same paragraph)), 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 deportation 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 that the decision on supervision measures has been revoked, 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 deportation order; provided, however, that the written revocation of the decision on supervision measures and the written deportation order must be shown to the person as soon as possible.

A person under supervision measures must notify the supervising immigration inspector of the status of compliance with the conditions of supervision measures and other particulars provided for by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order.

A decision on supervision measures ceases to be effective if the written deportation order issued to the person under supervision measures ceases to be effective.

If it is necessary in order to make a disposition concerning a decision on supervision measures or the revocation of a decision on supervision measures pursuant to the provisions of Article 52-4, paragraph (1) or (2), 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 52-3, paragraph (4) or Article 52-5, or the particulars on which a report may be requested pursuant to the provisions of Article 52-3, 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).