Immigration Control and Refugee Recognition Act

Immigration detention centers and regional immigration services bureaus are to have in place immigration inspectors.

The duties of an immigration inspector are as follows:

to conduct examinations and hearings pertaining to landing and deportation as well as examination of departure orders;

to hear the opinions pursuant to the provisions of Article 22-4, paragraph (2) (including as applied mutatis mutandis pursuant to Article 61-2-11, paragraph (2)), to give notifications pursuant to the provisions of the proviso to Article 22-4, paragraph (3) (including as applied mutatis mutandis pursuant to the provisions of Article 61-2-11, paragraph (2); the same applies in paragraph (2), item (vi) of the following Article) and to perform personal delivery services pursuant to the provisions of Article 61-8-2, paragraphs (4) and (5);

to inquire into facts pursuant to the provisions of Article 19-37, paragraph (1), Article 44-9, paragraphs (1) and (2), Article 52-7, paragraphs (1) and (2), Article 59-2, paragraph (1) and Article 61-2-17, paragraphs (1) and (2);

to ask questions to persons concerned pursuant to the provisions of Article 19-21, paragraph (1), to conduct on-site inspections of business offices pertaining to the organizations of affiliation of the specified skilled worker and other places related to the acceptance of specified skilled workers and to conduct inspections of their equipment, books, documents and other objects;

to issue written detention orders and written deportation orders;

to provisionally release persons under written detention orders or written deportation orders; and

to make decisions on supervision measures prescribed in Article 44-2, paragraph (7) and decisions on supervision measures prescribed in Article 52-2, paragraph (6);

to grant permission pursuant to the provisions of Article 44-5, paragraph (1);

to give notice pursuant to the provisions of Article 52, paragraph (8);

to issue orders pursuant to the provisions of Article 52, paragraph (12);

to order departure from Japan pursuant to the provisions of Article 55-2, paragraph (1);

to deliver departure orders pursuant to the provisions of Article 55-85, paragraph (1); and

to impose conditions on persons subject to departure restrictions prescribed in Article 63-2, paragraph (1) and to issue the written designation of conditions for a person subject to departure restrictions set forth in the same paragraph, pursuant to the provisions of the same paragraph.

an immigration inspector of a regional immigration services bureau may, if they find it necessary, execute their duties outside the area where the regional immigration services bureau has jurisdiction over.

Immigration detention centers and regional immigration services bureaus are to have in place immigration control officers.

The duties of an immigration control officer are as follows:

to conduct investigations into cases of violations relating to entry, landing and residence;

to detain, escort and deport those persons who are subject to enforcement of written detention orders and deportation orders;

to guard immigration detention centers, etc. and other facilities;

to inquire into facts pursuant to the provisions of Article 19-37, paragraph (1), Article 44-9, paragraphs (1) and (2), Article 52-7, paragraphs (1) and (2) and Article 59-2, paragraph (1);

to ask questions to persons concerned pursuant to the provisions of Article 19-20, paragraph (1), to conduct on-site inspections of business offices pertaining to the organizations of affiliation of the specified skilled worker and other places related to the acceptance of specified skilled workers and to conduct inspections of their equipment, books, documents and other objects;

to give the notification pursuant to the provisions of the proviso to Article 22-4, paragraph (3) and to perform personal delivery services pursuant to the provisions of Article 61-8-2, paragraphs (4) and (5).

The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to an immigration control officer.

In applying provisions of the National Public Service Act, an immigration control officer is considered a member of the police force.

The ranks of immigration control officers are separately provided for in the provisions of Cabinet Order.

Immigration inspectors and immigration control officers may carry weapons in executing their duties.

Immigration inspectors and immigration control officers may use their weapons regarding the execution of their duties to the extent determined to be reasonably necessary depending on the situation; provided however, that they must not injure a person except in any of the following cases:

the case falls under Article 36 or 37 of the Penal Code; or

the person subject to enforcement of the written detention order or deportation order attempts to resist the immigration inspector or immigration control officer executing their duties regarding the person, or a third party who puts up resistance to the immigration inspector or immigration control officer in an attempt to allow that person to escape, and the immigration inspector or the immigration control officer has reasonable grounds to believe that there are no alternative means of preventing escape or resistance.

Immigration inspectors and immigration control officers must wear their uniforms or carry with them a proper identification card indicating their official status while executing their duties, except if otherwise provided for by laws and regulations.

The identification card set forth in the preceding paragraph must be presented upon request by the person against whom the immigration inspector or immigration control officer is executing their duties.

The format of the uniform and identification card set forth in paragraph (1) is to be provided for by Ministry of Justice Order.

The Commissioner of the Immigration Services Agency or the director of an immigration detention center, etc. is to carry out the administrative affairs relating to immigration and residency management, and recognition of refugee status and recognition as a person eligible for complementary protection and, if the administrative affairs are related to the administrative affairs of other administrative organs, is to communicate closely and cooperate with the related administrative organs by exchanging information.

The Commissioner of the Immigration Services Agency or the director of an immigration detention center, etc. may request necessary cooperation from the National Police Agency, the prefectural police, the Japan Coast Guard, Customs, Public Employment Security Offices and other related administrative organs with regard to the execution of administrative affairs pertaining to immigration and residency management, and recognition of refugee status and recognition as a person eligible for complementary protection.

A related administrative organ whose cooperation has been sought pursuant to the provisions of the preceding paragraph must comply with the request to the extent that the cooperation will not interfere with the performance of its proper duties.

If the head of municipalities has made an entry, deleted or amended an entry in the certificate of residence of a foreign resident provided for in Article 30-45 of the Residential Basic Book Act, in accordance with the provisions of Cabinet Order, the head must immediately notify the Commissioner of the Immigration Services Agency to that effect.

The Commissioner of the Immigration Services Agency may provide foreign authorities that perform duties corresponding to the duties of immigration and residency management, and recognition of refugee status and recognition as a person eligible for complementary protection provided by the Immigration Control and Refugee Recognition Act (hereinafter referred to as "foreign immigration and residency administration authorities" in this Article) with information found helpful for the execution of their duties (limited to those corresponding to immigration, residency management, and recognition of refugee status and recognition as a person eligible for complementary protection provided by the Immigration Control and Refugee Recognition Act; hereinafter the same applies in the next paragraph).

Regarding the provision of information pursuant to the preceding paragraph, appropriate measures are to be taken to ensure that the information is not used for purposes other than helping the foreign immigration and residency administration authorities execute their duties.

Upon receiving a request from foreign immigration and residency administration authorities, the Commissioner of the Immigration Services Agency, notwithstanding the provisions of the preceding paragraph, may agree to the information provided pursuant to the provisions of paragraph (1) to be used for investigation or adjudication of foreign criminal cases pertaining to the request (hereinafter referred to as "investigation, etc." in this paragraph), except in the following cases:

the crime subject to the investigation, etc. of the criminal case pertaining to the request is a political crime or the request is found to have been made for the purpose of conducting the investigation, etc. of a political crime;

the act pertaining to the crime subject to the investigation, etc. of the criminal case pertaining to the request would not constitute a crime under Japanese laws or regulations if it were committed in Japan; or

the foreign country that has made the request has not ensured that it will accept a similar request from Japan.

The Commissioner of the Immigration Services Agency must, when giving the consent set forth in the preceding paragraph, receive confirmation from the Minister of Justice that the request does not fall under item (i) or item (ii) of the same paragraph and confirmation from the Minister of Foreign Affairs that the request does not fall under item (iii) of the same paragraph, in advance.