Immigration Control and Refugee Recognition Act

With regard to an administrative review for any of the following dispositions or failure to act, a foreign national must submit a request for an administrative review to the Minister of Justice that states the particulars provided by a Ministry of Justice Order:

denial of recognition of refugee status;

failure to act pertaining to the application set forth in Article 61-2, paragraph (1); or

revocation of the recognition of refugee status pursuant to the provisions of Article 61-2-10, paragraph (1);

denial of recognition as a person eligible for complementary protection (limited to cases where the person has not been granted recognition of refugee status);

failure to act pertaining to the application set forth in Article 61-2, paragraph (2); or

revocation of the recognition as a person eligible for complementary protection pursuant to the provisions of Article 61-2-10, paragraph (2).

The period set forth in the main clause of Article 18, paragraph (1) of the Administrative Complaint Review Act in relation to the request for an administrative review for the dispositions set forth in the items of the preceding paragraph (excluding items (ii) and (v)) is 7 days from the date on which the foreign national received the notice pursuant to the provisions of Article 61-2, paragraph (4) or (5) or Article 61-2-10, paragraph (3).

If making a decision on the request for the administrative review set forth in paragraph (1), the Minister of Justice must hear the opinions of the refugee examination counselors, as provided by Ministry of Justice Order.

If making a decision pursuant to the provisions of Article 45, paragraph (1) or (2) or Article 49, paragraph (1) or (2) of the Administrative Complaint Review Act on the request for the administrative review set forth under paragraph (1), the Minister of Justice must clearly state the main points of the opinions of the refugee examination counselors set forth in the preceding paragraph, in the reason to be attached to the decision.

The refugee examination counselors are considered to be the review officers provided for in Article 11, paragraph (2) of the Administrative Complaint Review Act, and the provisions of the same Act are applied.

The Ministry of Justice is to have in place one or more refugee examination counselors to present their opinions on the recognition of refugee status or the recognition as a person eligible for complementary protection regarding the administrative review pursuant to the provisions of paragraph (1) of the preceding Article.

The refugee examination counselors are appointed by the Minister of Justice from the persons of reputable character who are capable of making a fair judgment on the administrative review pursuant to the provisions of paragraph (1) of the preceding Article and who have an academic background in law or international affairs.

The term of a refugee examination counselor is 2 years, and they may be reappointed.

The refugee examination counselors are to serve on a part-time basis.

If a person who has been granted recognition of refugee status or recognition as a person eligible for complementary protection has filed an application for permanent residence as set forth in Article 22, paragraph (1), the Minister of Justice may grant permission to the person even if the person does not conform to item (ii) of the same paragraph, notwithstanding the provisions of the main clause of paragraph (2) of the same Article.

If a foreign national recognized as a refugee residing in Japan seeks to depart from Japan, the Commissioner of the Immigration Services Agency is to issue a refugee travel document based on an application by the foreign national in accordance with the procedures provided by Ministry of Justice Order; provided however, that this does not apply if the Commissioner of the Immigration Services Agency finds that there is a possibility of the person committing acts detrimental to the interests or public security of Japan.

A foreign national whose refugee travel document in Japan is to be issued pursuant to the provisions of the preceding paragraph while possessing a refugee travel document issued by a foreign country must submit the foreign refugee travel document to the Commissioner of the Immigration Services Agency before receiving the Japanese refugee travel document.

The validity period of the refugee travel document set forth in paragraph (1) is to be determined by the Commissioner of the Immigration Services Agency within the range of not less than 1 year and not exceeding 5 years.

A person who has been issued the refugee travel document set forth in paragraph (1) may enter and depart from Japan within the validity period of the refugee travel document. In this case, the re-entry permission pursuant to the provisions of Article 26, paragraph (1) will not be required.

In the case referred to in the preceding paragraph, if the Commissioner of the Immigration Services Agency finds it particularly necessary, the validity period for re-entry with a refugee travel document may be established for 3 months or more and less than 5 years (limited to within the validity period of the refugee travel document).

If a person who has departed from Japan with the refugee travel document set forth in paragraph (1) has reasonable grounds for not being able to re-enter Japan within the validity period of the refugee travel document, the Commissioner of the Immigration Services Agency may extend the validity period of the document by a period not exceeding 1 year based on the application from that person.

The extension set forth in the preceding paragraph is to be stated in the refugee travel document and the administrative work is to be entrusted to a Japanese consular officer, etc.

If the Commissioner of the Immigration Services Agency finds that there is a possibility of the person who has been issued the refugee travel document set forth in paragraph (1) to commit an act detrimental to the interests or public security of Japan, the Commissioner may order the person, while they are in Japan, to return the refugee travel document by setting a deadline pursuant to the provisions of Ministry of Justice Order.

The refugee travel document ordered to be returned pursuant to the provisions of the preceding paragraph ceases to be effective when it is returned or on the expiration date set forth in the same paragraph if it is not returned. In this case, the Commissioner of the Immigration Services Agency is to publish in an official gazette the fact that the refugee travel document has ceased to be effective if it is not returned within the deadline set forth in the same paragraph.

If a foreign national residing in Japan who has been granted recognition of refugee status or recognition as a person eligible for complementary protection is issued a deportation order pursuant to the provisions of the second sentence of Article 47, paragraph (5) (including as applied mutatis mutandis pursuant to Article 48, paragraph (10) and Article 49, paragraph (7)), or through the deportation procedures pursuant to the provisions of Article 63, paragraph (1), the foreign national must promptly return the certificate of refugee status and refugee travel document or the certificate of recognition as a person eligible for complementary protection in their possession to the Commissioner of the Immigration Services Agency.

The Minister of Justice may have a refugee inquirer inquire into facts if necessary for a disposition regarding the recognition of refugee status, the recognition as a person eligible for complementary protection, the granting of permission pursuant to the provisions of Article 61-2-2, paragraph (1), Article 61-2-3, Article 61-2-4, paragraph (1) or Article 61-2-5, paragraph (1), the revocation of permission pursuant to the provisions of Article 61-2-6, the granting of permission pursuant to the provisions of Article 61-2-7, paragraph (2), the revocation of permission pursuant to the provisions of paragraph (4) of the same Article, the revocation of recognition of refugee status pursuant to the provisions of Article 61-2-10, paragraph (1), the revocation of recognition as a person eligible for complementary protection pursuant to the provisions of paragraph (2) of the same Article, or the revocation of status of residence pursuant to the provisions of Article 61-2-11, paragraph (1).

If necessary for understanding the status of the activities engaged in with the permission pursuant to the provisions of Article 61-2-7, paragraph (2), the Commissioner of the Immigration Services Agency may have a refugee inquirer inquire into facts regarding the particulars required to be notified pursuant to the provisions of Article 61-2-8.

If necessary for the investigation set forth in the preceding two paragraphs, the refugee inquirer may request the persons concerned to appear and ask them questions or request them to present documents or electronic or magnetic records.

In the case referred to in the preceding paragraph, in asking questions to a foreign national who has filed the application set forth in Article 61-2, paragraph (1) or (2), appropriate consideration is to be given, in particular, according to the foreign national's mental and physical condition, the environment in which the foreign national was placed in the country of their nationality or citizenship, and other circumstances.

The Minister of Justice, the Commissioner of the Immigration Services Agency or a refugee inquirer may make inquiries to public offices or public or private organizations and request them to make reports on the facts necessary for the investigation set forth in paragraphs (1) and (2).

In order to appropriately grant recognition of refugee status and recognition as a person eligible for complementary protection based on expert knowledge, the Minister of Justice is to collect information on international circumstances and endeavor to train refugee inquirers.

Refugee inquirers are to receive the training necessary to deepen their understanding of the human rights of foreign nationals and to acquire and improve their knowledge of the purpose and content of the Refugee Convention, knowledge of international circumstances and other knowledge and skills necessary for appropriately carrying out affairs concerning recognition of refugee status and recognition as a person eligible for complementary protection.