A person detained pursuant to a written detention order or deportation order issued, their representative, curator, spouse, lineal relative or sibling may request their provisional release to the director of the immigration detention center or the supervising immigration inspector in accordance with the procedures provided for by Ministry of Justice Order.
収容令書若しくは退去強制令書の発付を受けて収容されている者又はその者の代理人、保佐人、配偶者、直系の親族若しくは兄弟姉妹は、法務省令で定める手続により、入国者収容所長又は主任審査官に対し、その者の仮放免を請求することができる。
The director of the immigration detention center or the supervising immigration inspector may grant provisional release to a person detained pursuant to a written detention order or deportation order issued, upon the request set forth in the preceding paragraph or ex officio, if they find it appropriate to temporarily release the person from detention on health or humanitarian grounds or other grounds equivalent thereto, for a fixed period, and by placing restrictions on the place of residence and scope of activities, obligation to appear upon receiving summons, as well as imposing other conditions found to be necessary, pursuant to Ministry of Justice Order.
When granting provisional release, the director of the immigration detention center or the supervising immigration inspector is to deliver to the person granted provisional release, pursuant to Ministry of Justice Order, a written permission for provisional release stating the period of provisional release and the conditions attached to the provisional release.
入国者収容所長又は主任審査官は、仮放免する場合には、法務省令で定めるところにより、仮放免される者に対し、仮放免の期間及び仮放免に付された条件を記載した仮放免許可書を交付するものとする。
If the director of the immigration detention center or the supervising immigration inspector has denied provisional release in the case where the request set forth in paragraph (1) has been made, they notify the person who made the request to that effect in writing, with the reasons attached.
A person granted provisional release, their representative, curator, spouse, lineal relative or sibling may request the director of the immigration detention center or the supervising immigration inspector to extend the period of provisional release set pursuant to the provisions of paragraph (2), in accordance with the procedures provided for by Ministry of Justice Order.
The director of the immigration detention center or the supervising immigration inspector may, upon the request set forth in the preceding paragraph or ex officio, and pursuant to Ministry of Justice Order, extend the period of provisional release set pursuant to the provisions of paragraph (2) if they find it appropriate to continue temporarily releasing the person from detention on health or humanitarian grounds or other grounds equivalent thereto.
The provisions of paragraph (4) apply mutatis mutandis if an extension of the period of provisional release has been denied in the case where the request set forth in paragraph (5) has been made.
If the grounds for the request set forth in paragraph (1) are health grounds, the director of the immigration detention center or the supervising immigration inspector must endeavor to make the decision on provisional release while giving sufficient consideration to the detained person's need for medical treatment and other aspects of that person's state of health, such as by hearing the opinion of a physician.