Immigration Control and Refugee Recognition Act

If a foreign national who has been granted permission pursuant to the provisions of paragraph (1) of the preceding Article falls under any of the following items, the Minister of Justice may, pursuant to the provisions of Ministry of Justice Order, permit the foreign national to acquire a status of residence; provided, however, that if the foreign national is a person who has been sentenced to life imprisonment or imprisonment for more than 1 year (excluding a person who has been granted a suspension of the execution of the entire sentence and a person who has been granted a suspension of the execution of part of the sentence for whom the part of the sentence whose execution was not suspended is 1 year or less) or a person for whom there are reasonable grounds to suspect that the person falls under any of Article 24, item (iii)-2, item (iii)-3, or item (iv), sub-item (c) or sub-items (l) through (o), this applies only if the Minister finds that there are special circumstances in which not permitting the foreign national to acquire a status of residence would be found to lack humanitarian consideration:

the foreign national has had a registered domicile in Japan as a Japanese national in the past;

the foreign national resides in Japan under the control of another person due to human trafficking; or

the Minister of Justice finds that there are other grounds for which the foreign national should be permitted to acquire a status of residence.

In determining whether or not to grant the permission pursuant to the provisions of the preceding paragraph, the Minister of Justice is to take into consideration, with respect to the foreign national, the reasons for wishing to reside in Japan, family relationships, conduct, the circumstances that led to the foreign national entering Japan, the period of residence in Japan, the legal status during that period, the circumstances under which the foreign national became a foreign national without a status of residence, and the need for humanitarian consideration, as well as domestic and international circumstances, the impact on illegal residents in Japan, and other circumstances.

The provisions of Article 20, paragraphs (4) and (5) apply mutatis mutandis to the permission pursuant to the provisions of paragraph (1).

If any of the facts set forth in the following items is found regarding a foreign national who has been granted the permission pursuant to the provisions of Article 61-2-4, paragraph (1), the Minister of Justice may revoke the permission in accordance with the procedures provided for by Ministry of Justice Order:

the foreign national fell under any of items (iv) through (ix) of Article 61-2-4, paragraph (1) at the time they were granted the permission pursuant to the provisions of the same paragraph;

the foreign national came to fall under Article 61-2-4, paragraph (1), item (v) or (viii) after being granted the permission pursuant to the provisions of the same paragraph;

the foreign national has violated the conditions imposed pursuant to the provisions of Article 61-2-4, paragraph (3);

the foreign national has submitted forged or altered materials or false materials, made false statements, or had persons concerned make false statements, with the intention of wrongfully obtaining recognition of refugee status or recognition as a person eligible for complementary protection;

the foreign national has carried out the procedures to receive confirmation of the departure as set forth in Article 25.

the foreign national has engaged in activities in violation of the provisions of paragraph (1) of the following Article.

A foreign national who has been granted permission pursuant to the provisions of Article 61-2-4, paragraph (1) must not engage in activities related to the management of business involving income or activities for which the foreign national receives remuneration; provided, however, that this does not apply where the foreign national engages in activities for which remuneration is received with the permission pursuant to the provisions of the following paragraph.

With regard to activities for which remuneration is received that a foreign national who has been granted permission pursuant to the provisions of Article 61-2-4, paragraph (1) engages in to the extent necessary to maintain their livelihood, the Minister of Justice may, upon application by that person, permit the person to engage in those activities if the Minister finds it appropriate. In this case, the Minister of Justice may attach the necessary conditions to the permission.

If the Minister of Justice has granted permission pursuant to the provisions of the preceding paragraph, the Minister is to state that fact and the conditions attached to the permission on the permit for provisional stay prescribed in Article 61-2-4, paragraph (2), pursuant to the provisions of Ministry of Justice Order.

If a foreign national who has been granted permission pursuant to the provisions of paragraph (2) violates the conditions attached pursuant to the provisions of the same paragraph, or in any other case where the Minister of Justice finds it inappropriate to allow the foreign national to continue to hold the permission, the Minister may revoke the permission in accordance with the procedures provided for by Ministry of Justice Order.

A foreign national who has been granted permission pursuant to the provisions of paragraph (2) of the preceding Article must, pursuant to the provisions of Ministry of Justice Order, notify the Commissioner of the Immigration Services Agency of the status of the activities engaged in with the permission and other particulars provided for by Ministry of Justice Order.

The deportation procedures provided for in Chapter V will not be carried out regarding a foreign national who has been granted the permission pursuant to the provisions of Article 61-2-2, paragraph (1) or Article 61-2-5, paragraph (1), on the grounds that the foreign national fell under any of the items of Article 24 when they were granted the permission.

The deportation procedures provided for in Chapter V are to be suspended regarding a foreign national without a status of residence who has filed the application set forth in Article 61-2, paragraph (1) or (2), and who has been granted the permission pursuant to the provisions of Article 61-2-4, paragraph (1), until the period of provisional stay pertaining to the permission has passed, even if there are reasonable grounds to suspect that the foreign national falls under any of the items of Article 24.

In carrying out the deportation procedures provided for in Chapter V, deportation pursuant to the provisions of Article 52, paragraph (3) (including delivery pursuant to the proviso of the same paragraph and deportation pursuant to the provisions of Article 59) is to be suspended regarding a foreign national without a status of residence who has filed the application set forth in Article 61-2, paragraph (1) or (2) but has not been granted the permission pursuant to the provisions of Article 61-2-4, paragraph (1), or whose period of provisional stay pertaining to that permission has passed (excluding foreign nationals who fall under paragraph (5), items (i) through (iii) and item (v) of the same Article), until the foreign national comes to fall under any of the grounds set forth in paragraph (5), items (i) through (iii) of the same Article.

The provisions of the preceding paragraph do not apply if the foreign national without a status of residence set forth in the same paragraph falls under any of the following items:

a person who, before the application set forth in Article 61-2, paragraph (1) or (2), filed those applications twice while the foreign national without a status of residence was in Japan and who, for each of those applications, came to fall under Article 61-2-4, paragraph (5), item (i) or (ii) (excluding a person who, in filing the application set forth in Article 61-2, paragraph (1) or (2), submitted materials showing reasonable grounds for granting recognition of refugee status or recognition as a person eligible for complementary protection);

a person who has been sentenced to life imprisonment or imprisonment for 3 years or more (excluding a person who has been granted a suspension of the execution of the entire sentence or a person who has been granted a suspension of the execution of part of the sentence), or a person who falls under any of Article 24, item (iii)-2, item (iii)-3 or item (iv), sub-items (l) through (n) or a person for whom there are reasonable grounds to suspect that the person falls under any of them.

If any of the facts set forth in the following items are found regarding a foreign national residing in Japan who has been recognized as a refugee, the Minister of Justice is to revoke the recognition of refugee status in accordance with the procedures provided for by Ministry of Justice Order:

the foreign national has been granted recognition of refugee status due to deceit or other wrongful means;

the foreign national has come to fall under any of the cases set forth in Article 1, C-(1) through (6) of the Refugee Convention; or

the foreign national has taken an action set forth in Article 1, F-(a) or (c) of the Refugee Convention after being granted recognition of refugee status.

If any of the facts set forth in the following items are found regarding a foreign national residing in Japan who has been recognized as a person eligible for complementary protection, the Minister of Justice is to revoke the recognition as a person eligible for complementary protection in accordance with the procedures provided for by Ministry of Justice Order:

the foreign national has received recognition as a person eligible for complementary protection due to deceit or other wrongful means;

the foreign national has come to fall under any of the cases set forth in Article 1, C-(1) through (4) of the Refugee Convention, the foreign national can no longer refuse to avail themselves of the protection of the country of their nationality because the circumstances on the basis of which they were recognized as a person eligible for complementary protection have ceased to exist, or, in the case where the foreign national has no nationality, the foreign national has become able to return to the country of their former habitual residence because the circumstances on the basis of which they were recognized as a person eligible for complementary protection have ceased to exist; or

the foreign national has taken an action set forth in Article 1, F-(a) or (c) of the Refugee Convention after receiving recognition as a person eligible for complementary protection.

If the Minister of Justice revokes the recognition of refugee status or the recognition as a person eligible for complementary protection pursuant to the provisions of the preceding two paragraphs, the Minister is to notify the foreign national to that effect in writing with the reason attached as well as publish in an official gazette the fact that the certificate of refugee status and the refugee travel document or the certificate of recognition as a person eligible for complementary protection pertaining to the foreign national have expired.

If a foreign national who was issued a certificate of refugee status and a refugee travel document or a certificate of recognition as a person eligible for complementary protection receives a notice of revocation of the recognition of refugee status or the recognition as a person eligible for complementary protection pursuant to the provisions of the preceding paragraph, the foreign national must promptly return these certificates to the Commissioner of the Immigration Services Agency.

If it is found that a foreign national who is residing in Japan under a status of residence set forth in the left-hand column of the Appended Table I or II and has been granted recognition of refugee status or recognition as a person eligible for complementary protection has obtained, by deceit or other wrongful means, the permission pursuant to the provisions of Article 61-2-2, paragraph (1) on the grounds that the foreign national does not fall under any of the items of the same paragraph, the Minister of Justice may revoke their current status of residence in accordance with the procedures provided for by Ministry of Justice Order.

The provisions of Article 22-4, paragraphs (2) through (9) (except for the proviso to paragraph (7)) apply mutatis mutandis to the revocation of the status of residence pursuant to the provisions of the preceding paragraph. In this case, "immigration inspector" in paragraph (2) of the same Article is deemed to be replaced with "refugee inquirer", and "paragraph (1) (except for items (i) and (ii))" in the main clause of paragraph (7) of the same Article is deemed to be replaced with "Article 61-2-11, paragraph (1)".