Immigration Control and Refugee Recognition Act

If a foreign national in Japan files an application for recognition of refugee status in accordance with the procedures provided by Ministry of Justice Order, the Minister of Justice may recognize that person as a refugee (hereinafter referred to as "recognition of refugee status") based on the materials submitted.

If a foreign national in Japan files an application for recognition as a person eligible for complementary protection in accordance with the procedures provided by Ministry of Justice Order, the Minister of Justice may recognize that person as a person eligible for complementary protection (hereinafter referred to as "recognition as a person eligible for complementary protection") based on the materials submitted.

In the case where the Minister of Justice makes a disposition not to grant recognition of refugee status to a foreign national who has filed the application set forth in paragraph (1), if the Minister finds that the foreign national falls under the category of a person eligible for complementary protection, the Minister may grant recognition as a person eligible for complementary protection.

If the recognition of refugee status has been made for a foreign national who has filed the application set forth in paragraph (1), the Minister of Justice is to issue a certificate of refugee status to the foreign national in accordance with the procedures provided by Ministry of Justice Order, and if a disposition denying recognition of refugee status has been made, the foreign national is to be notified to that effect in writing with the reason attached.

If recognition as a person eligible for complementary protection has been made for a foreign national who has filed the application set forth in paragraph (1) or (2), the Minister of Justice is to issue a certificate of recognition as a person eligible for complementary protection to the foreign national in accordance with the procedures provided by Ministry of Justice Order, and if, in the case where the application set forth in paragraph (2) has been filed, a disposition denying that recognition has been made, the foreign national is to be notified to that effect in writing with the reason attached.

If the Minister of Justice grants recognition of refugee status or recognition as a person eligible for complementary protection and the foreign national who has filed the application set forth in paragraph (1) or (2) of the preceding Article falls under the category of a foreign national without a status of residence (those who are staying in Japan under a status of residence set forth in the left-hand column of the Appended Table I or II, those who have been granted permission for landing for temporary refuge who have not stayed in Japan beyond the period stated in the permit, and special permanent residents; the same applies hereinafter), the foreign national is to be permitted to acquire the status of residence of "Long-Term Resident", unless the foreign national falls under any of the following items:

the foreign national falls under any of the persons set forth in Article 24, items (iii) through item (iii)-5 or Article 24, item (iv), sub-items (c) through (o); or

after entering Japan, the foreign national has been convicted of the crime provided in Part II, Chapter XII, XVI through XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code, in Article 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code) of the Act on Punishment of Physical Violence and Others, the Act on Prevention and Punishment of Robbery and Theft Acts, in Article 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools, and Other Related Matters, in Article 2 or Article 6, paragraph (1) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc., or in Article 22 of the Act on Prevention of the Disposal of Stolen Specified Metal Articles and Other Related Matters, and sentenced to imprisonment.

If the Minister of Justice has decided to grant permission pursuant to the provisions of the preceding paragraph, the Minister is to have the Commissioner of the Immigration Services Agency notify the foreign national to that effect. In such case, the notification is to be made by the Commissioner of the Immigration Services Agency by having an immigration inspector take the measures specified in the following items in accordance with the categories set forth in the following items:

if the foreign national pertaining to the permission becomes a mid- to long-term resident:the issuance of a residence card for the foreign national; or

in cases other than those set forth in the preceding item:issuance of a certificate of status of residence which gives the status of residence and the period of stay for the foreign national.

The permission of the Minister of Justice pursuant to the provisions of paragraph (1) becomes effective if the measures specified in the items of the preceding paragraph have been taken.

In granting the permission pursuant to the provisions of paragraph (1), if the foreign national without a status of residence has been granted permission for provisional landing or permission for landing pursuant to the provisions of Chapter III, Section 4, the Minister of Justice is to revoke the permission for provisional landing or permission for landing.

If a foreign national recognized as a refugee or as a person eligible for complementary protection (except for a foreign national who has acquired a status of residence with the permission pursuant to the provisions of Article 50, paragraph (1) (including permission granted in accordance with the provisions of Article 50, paragraph (1) in the deportation procedures pursuant to the provisions of Article 63, paragraph (1)) in the deportation procedures provided for in Chapter V (including the deportation procedures pursuant to the provisions of Article 63, paragraph (1); the same applies in Article 61-2-9) following the recognition of refugee status or recognition as a person eligible for complementary protection) files an application to change their status to that of "Long-Term Resident" pursuant to the provisions of Article 20, paragraph (2), or files an application to acquire the status of residence of "Long-Term Resident" pursuant to the provisions of Article 22-2, paragraph (2) (including as applied mutatis mutandis pursuant to Article 22-3), the Minister of Justice, notwithstanding the provisions of the main clause of Article 20, paragraph (3) (including as applied mutatis mutandis pursuant to Article 22-2, paragraph (3) (including as applied mutatis mutandis pursuant to Article 22-3)), is to grant permission to the foreign national.

If a foreign national without a status of residence files the application set forth in Article 61-2, paragraph (1) or (2), the Minister of Justice is to permit the foreign national to provisionally stay in Japan, unless they fall under any of the following items:

the foreign national has been granted permission for provisional landing;

the foreign national is permitted to stay in Japan pursuant to the provisions of Article 22-2, paragraph (1);

the foreign national fell under the category of any of the persons set forth in Article 5, paragraph (1), items (iv) through (xiv) when they entered Japan;

there are reasonable grounds to suspect that the foreign national falls under the category of any of the persons set forth in Article 24, items (iii) through (iii)-5 or item (iv), sub-items (c) through(o);

it is clear that the foreign national filed the application set forth in Article 61-2, paragraph (1) or (2) after 6 months had passed from the date of landing in Japan (or, for a person for whom the grounds for becoming a refugee or a person eligible for complementary protection arose while in Japan, from the date on which the person learned of that fact) (except where there are unavoidable circumstances);

it is clear that the foreign national falls under neither of the following sub-items (a) nor (b):

except where the grounds for becoming a refugee arose while the foreign national was in Japan, the foreign national entered Japan directly from a territory where their life, body or physical freedom was likely to be harmed for the reasons prescribed in Article 1, A-(2) of the Refugee Convention;

except where the grounds for becoming a person eligible for complementary protection arose while the foreign national was in Japan, the foreign national entered Japan directly from a territory where they were likely to be persecuted.

the foreign national, after entering Japan, has been convicted of the crime provided in Part II, Chapter XII, XVI through XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code, in Article 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code) of the Act on Punishment of Physical Violence and Others, the Act on Prevention and Punishment of Robbery and Theft Acts, in Article 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools, and Other Related Matters, in Article 2 or Article 6, paragraph (1) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc., or in Article 22 of the Act on Prevention of the Disposal of Stolen Specified Metal Articles and Other Related Matters, and sentenced to imprisonment;

a written deportation order has been issued to the foreign national; or

there are reasonable grounds to suspect that the foreign national is likely to flee.

In granting the permission pursuant to the provisions of the preceding paragraph, the Minister of Justice is to determine the period of stay pertaining to the permission (hereinafter referred to as the "period of provisional stay"), and have an immigration inspector issue a permit for provisional stay that states the period of provisional stay to the foreign national without a status of residence, pursuant to the provisions of Ministry of Justice Order. In this case, the permission is to become effective with the content stated therein as of the time of issuance.

In granting the permission pursuant to the provisions of paragraph (1), the Minister of Justice may impose restrictions on the foreign national without a status of residence on their place of residence and scope of activities, the obligation to appear upon receiving summons, and impose other conditions found necessary, pursuant to the provisions of Ministry of Justice Order and, if found necessary, may take their fingerprints.

Upon receiving an application filed for extension of the period of provisional stay by a foreign national who has been granted permission pursuant to the provisions of paragraph (1), the Minister of Justice is to grant the extension. In this case, the provisions of paragraph (2) apply mutatis mutandis.

If a foreign national who has been granted permission pursuant to the provisions of paragraph (1) subsequently comes to fall under any of the grounds set forth in the following items, the period of provisional stay (including the period of provisional stay extended pursuant to the provisions of the preceding paragraph; the same applies hereinafter) granted to the foreign national is found to have terminated at the time the foreign national came to fall under the grounds:

the administrative review as set forth in Article 61-2-12, paragraph (1) has not been requested with regard to a denial of recognition of refugee status or a denial of recognition as a person eligible for complementary protection, and the period set forth in paragraph (2) of the same Article has passed;

the administrative review as set forth in Article 61-2-12, paragraph (1) has been requested for a denial of recognition of refugee status or a denial of recognition as a person eligible for complementary protection, but the administrative review has been withdrawn or a decision has been made to the effect of dismissing or rejecting the administrative review;

the foreign national has been granted recognition of refugee status or recognition as a person eligible for complementary protection and it was decided not to grant the permission under the provisions of Article 61-2-2, paragraph (1);

the permission pursuant to the provisions of paragraph (1) has been revoked pursuant to the provisions of Article 61-2-6; or

the application set forth in Article 61-2, paragraph (1) or (2) has been withdrawn.