If a foreign national is transferred to a special inquiry officer pursuant to the provisions of Article 7, paragraph (4) or Article 9, paragraph (6), the special inquiry officer must promptly conduct an oral hearing for the foreign national.
If the special inquiry officer conducts an oral hearing, its record must be prepared.
特別審理官は、口頭審理を行つた場合には、口頭審理に関する記録を作成しなければならない。
The foreign national or an agent appearing upon their request may, in the course of the oral hearing, produce evidence and interrogate witnesses.
当該外国人又はその者の出頭させる代理人は、口頭審理に当つて、証拠を提出し、及び証人を尋問することができる。
The foreign national may have the attendance of one of their relatives or acquaintances with the permission of the special inquiry officer.
The special inquiry officer may, ex officio or upon the request of the foreign national, order the appearance of witnesses, put them under oath and seek testimony in accordance with the procedures provided for by Ministry of Justice Order.
The special inquiry officer may make inquiries to public offices or to public or private organizations and request necessary facts to be reported, if necessary for the oral hearing.
特別審理官は、口頭審理に関し必要がある場合には、公務所又は公私の団体に照会して必要な事項の報告を求めることができる。
If the special inquiry officer finds, as a result of the hearing, that the foreign national who has been transferred to the officer pursuant to the provisions of Article 7, paragraph (4) does not fall under any of the items of paragraph (3) of Article 6, the officer is to promptly notify the foreign national of their findings and order the foreign national to depart Japan, and must also inform the captain of the vessel or aircraft or the aircraft who operates the vessel or aircraft by which the foreign national arrived; provided, however, that this does not apply if the foreign national provides the special inquiry officer with personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order.
If the special inquiry officer finds, as a result of the oral hearing, that the foreign national (in the case of a foreign national who has been transferred to the officer pursuant to the provisions of Article 7, paragraph (4), this only applies to a foreign national who the special inquiry officer finds to under any item of Article 6, paragraph (3) or to a foreign national who provides the special inquiry officer with personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order; hereinafter the same applies in paragraph (10)) conforms to the conditions for landing as prescribed in Article 7, paragraph (1), the special inquiry officer must immediately affix the seal of verification for landing to the foreign national's passport.
The provisions of Article 9, paragraph (3) apply mutatis mutandis to the seal of verification for landing set forth in the preceding paragraph.
If the special inquiry officer finds, as a result of the oral hearing, that the foreign national does not conform to the conditions for landing prescribed in Article 7, paragraph (1), the officer is to promptly notify the foreign national of their findings and the reasons therefor, and must inform the foreign national that they may file an objection pursuant to the provisions of the following Article.
If the foreign national, upon receipt of the notice set forth in the preceding paragraph, accepts the findings set forth in the preceding paragraph, the special inquiry officer is to order the foreign national to depart from Japan after the foreign national has signed a statement that they will not file an objection, and must also inform the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft by which the foreign national arrived to that effect.