Immigration Control and Refugee Recognition Act

If procedures provided for by laws and regulations on criminal suits, enforcement of sentences, or treatment of the inmates of juvenile training schools are carried out with regard to a foreign national subject to deportation, the deportation procedures may be taken against the foreign national pursuant to the provisions of Chapter V (except for Section 2, and Articles 52 and 53) applicable mutatis mutandis, even when they are not being detained or are not placed under the supervision measures set forth in Article 44-2, paragraph (1).In this case, "request the appearance of the suspect" in Article 29, paragraph (1), is deemed to be replaced with "request the appearance of the suspect or personally visit them", "when a suspect has been delivered to them pursuant to the provisions of Article 44 or a case of violation has been transferred to them pursuant to the provisions of Article 44-7" in Article 45, paragraph (1), is deemed to be replaced with "when, as a result of investigation into violations, they have reasonable grounds to consider that the suspect falls under the category of a foreign national subject to deportation", and "detained under a written detention order or has received a decision on supervision measures" in Article 50, paragraph (2), is deemed to be replaced with "is to undergo examination by an immigration inspector pursuant to the provisions of Article 45, paragraph (1)".

In cases of a written deportation order having been issued pursuant to the provisions of the preceding paragraph, the enforcement of order is to be carried out after the procedures pursuant to the provisions of laws and regulations related to criminal suits, enforcement of sentences or treatment of inmates of juvenile training schools have been completed; provided however, that the enforcement of that order may be carried out with the approval of the prosecutor-general or the superintending prosecutor even while the foreign national is serving their sentence.

The enforcement of a written deportation order pertaining to a foreign national subject to a departure restriction is to be suspended while the foreign national is subject to that departure restriction.

In carrying out the examination set forth in Article 45 or Article 55-84, paragraph (2), if an immigration inspector finds reasonable grounds to believe that the suspect has committed a crime, the inspector is to file an accusation against the suspect with a public prosecutor.

Pursuant to the provisions of Ministry of Justice Order, the supervising immigration inspector is to impose on a foreign national in respect of whom the enforcement of a written deportation order is suspended pursuant to the provisions of paragraph (3) of the preceding Article (limited to a person whose physical liberty is not restrained pursuant to the provisions of the Code of Criminal Procedure; hereinafter referred to as a "person subject to departure restrictions" in this Article) restrictions on their place of residence and scope of activities, an obligation to appear upon receiving summons and other conditions found necessary, and is to issue to that person a written designation of conditions for a person subject to departure restrictions (meaning a document stating those conditions and other particulars prescribed by Ministry of Justice Order).

A person subject to departure restrictions must, pursuant to the provisions of Ministry of Justice Order, notify the supervising immigration inspector of their living conditions, the status of their compliance with the conditions imposed pursuant to the provisions of the preceding paragraph and other particulars specified by Ministry of Justice Order.

With regard to the application of the provisions of Article 70 to a person subject to departure restrictions, while the person is subject to a departure restriction, the person subject to departure restrictions is deemed not to fall under a person who remains or a person who does not depart as prescribed in paragraph (1), items (iii) through (iii)-3, item (v) and items (vii) through (viii)-4 of the same Article, and the person's residence during that period is deemed not to constitute illegal residence as prescribed in paragraph (2) of the same Article.

If a public prosecutor who has received a suspect in a crime set forth in Article 70 has decided not to institute prosecution, and has received from an immigration control officer, with regard to that suspect, the presentation or notice set forth in any of the following items, the public prosecutor must take the measure specified in each of those items:

presentation of a written detention order or written deportation order: the measure of releasing the suspect and handing the suspect over to the immigration control officer; or

notice of a decision on supervision measures prescribed in Article 44-2, paragraph (7) or a decision on supervision measures prescribed in Article 52-2, paragraph (6): the measure of releasing the suspect.

In the case prescribed in Article 62, paragraph (3) or (4), if the head of a correctional institution has received from an immigration control officer, with regard to a foreign national set forth in paragraph (1) of the same Article, the presentation or notice set forth in any of the following items, the head of the correctional institution must take the measure specified in each of those items:

presentation of a written detention order or written deportation order: the measure of handing the foreign national over to the immigration control officer at the same time as the foreign national is released; or

notice of a decision on supervision measures prescribed in Article 44-2, paragraph (7) or a decision on supervision measures prescribed in Article 52-2, paragraph (6): the measure of releasing the foreign national.

If a judicial police officer has arrested or taken custody of a foreign national suspected of committing any of the offenses set forth in Article 70 (excluding the offenses set forth in paragraph (1), items (ix) and (x) of the same Article), or of a flagrant offender regarding those offenses, and only if the case falls under any of the following items and the person is not suspected of any other criminal offense, the judicial police officer may take the measure specified in each of those items, notwithstanding the provisions of Article 203 of the Code of Criminal Procedure (including as applied mutatis mutandis pursuant to the provisions of Articles 211 and 216 of the same Act):

if a written detention order has been issued: the measure of handing over the suspect to an immigration control officer and providing the documents and articles of evidence, and electronic or magnetic records, to the officer; or

if a decision on supervision measures prescribed in Article 44-2, paragraph (7) has been made: the measure of releasing the suspect and the measure of providing the documents and articles of evidence, and electronic or magnetic records, to an immigration control officer.

In the case referred to in the preceding paragraph, the procedure for handing over or releasing the suspect must be taken within 48 hours from the time at which the suspect was taken into custody.

If a person provides information pursuant to the provisions of Article 62, paragraph (1), and if that information leads to the issuance of a written deportation order, the Minister of Justice may grant that person a reward in an amount not exceeding 50,000 yen pursuant to the provisions of Ministry of Justice Order; provided, however, that this does not apply to cases in which the information was based on facts which an official of the government or a local public entity learned in course of executing their duties.

A foreign national must pay a fee in the amount provided by Cabinet Order, not exceeding the amount specified in each of the following items according to the category of permission set forth in each of those items, to the government for obtaining any of the permits set forth in the following items at the time of making entries, obtaining issuance or a seal of verification pertaining to the permission:

permission for a change of status of residence pursuant to the provisions of the main clause of Article 20, paragraph (3): 100,000 yen;

permission for extension of the period of stay pursuant to the provisions of Article 21, paragraph (3): 100,000 yen;

permission for permanent residence pursuant to the provisions of Article 22, paragraph (2): 300,000 yen; or

re-entry permission pursuant to the provisions of Article 26, paragraph (1) (including permission for extension of the validity period pursuant to the provisions of paragraph (5) of the same Article): 10,000 yen.

The amount specified by Cabinet Order set forth in the preceding paragraph is to be specified in consideration of actual costs, and the amount of the costs required for administrative affairs related to ensuring the proper residence of foreign nationals, the costs required for administrative affairs related to support for enabling foreign nationals lawfully residing in Japan to reside stably and smoothly, and other costs required for the impartial control of the immigration and residence of foreign nationals, and the amount of similar fees in foreign countries.

If a person who obtains any of the permits set forth in paragraph (1), items (i) through (iii) (in the case of a person who obtains the permit set forth in item (iii), limited to a person who falls under the case prescribed in the proviso to Article 22, paragraph (2) or in Article 61-2-14) is a person specified by Cabinet Order as a person for whom it is appropriate to reduce or exempt the fee due to economic hardship or any other special reason, the Minister of Justice may reduce or exempt the fee set forth in paragraph (1) as provided for by Cabinet Order.

The foreign national must pay a fee when obtaining a refugee travel document pursuant to the provisions of Article 61-2-15, paragraph (1) or when obtaining an extension of the validity period entered in the refugee travel document pursuant to the provisions of paragraph (7) of the same Article.

The amount of the fee prescribed in the preceding paragraph is to be separately provided by a Cabinet Order pursuant to the provisions of paragraph (3) of the annex to the Refugee Convention.

The administrative affairs to be handled by municipalities pursuant to the provisions of Article 19-7, paragraphs (1) and (2) (including as applied mutatis mutandis pursuant to the provisions of Article 19-8, paragraph (2) and Article 19-9, paragraph (2)), Article 19-8, paragraph (1), Article 19-9, paragraph (1) and Article 19-15-2, paragraphs (2) and (6) and the second sentence of paragraph (9) are to be Type 1 of the statutory entrusted functions provided in Article 2, paragraph (9), item (i) of the Local Autonomy Act.

The procedures necessary for the enforcement of the provisions of Chapter II through this Chapter and other particulars are provided for by Ministry of Justice Order (Cabinet Order for the administrative affairs to be performed by the head of municipalities).

In addition to the work prescribed in Article 87, paragraph (1) of the Employment for Skill Development Act, the Organization for Employment for Skill Development for Foreign Nationals is to perform the work of responding to consultations from foreign nationals with the "Specified Skilled Worker" status of residence and providing necessary information, advice and other assistance, and work incidental to that work.

In cases of the enactment, amendment or repeal of an order pursuant to the provisions of the Immigration Control and Refugee Recognition Act, the order may provide for necessary transitional measures (including transitional measures regarding penal provisions) insofar as those measures are judged to be reasonably necessary for the enactment, amendment or repeal of the order.