If the Minister of Justice grants recognition of refugee status or recognition as a person eligible for complementary protection and the foreign national who has filed the application set forth in paragraph (1) or (2) of the preceding Article falls under the category of a foreign national without a status of residence (those who are staying in Japan under a status of residence set forth in the left-hand column of the Appended Table I or II, those who have been granted permission for landing for temporary refuge who have not stayed in Japan beyond the period stated in the permit, and special permanent residents; the same applies hereinafter), the foreign national is to be permitted to acquire the status of residence of "Long-Term Resident", unless the foreign national falls under any of the following items:
the foreign national falls under any of the persons set forth in Article 24, items (iii) through item (iii)-5 or Article 24, item (iv), sub-items (c) through (o); or
第二十四条第三号から第三号の五まで又は第四号ハからヨまでに掲げる者のいずれかに該当するとき。
after entering Japan, the foreign national has been convicted of the crime provided in Part II, Chapter XII, XVI through XIX, XXIII, XXVI, XXVII, XXXI, XXXIII, XXXVI, XXXVII or XXXIX of the Penal Code, in Article 1, 1-2 or 1-3 (except for the parts pertaining to Article 222 or 261 of the Penal Code) of the Act on Punishment of Physical Violence and Others, the Act on Prevention and Punishment of Robbery and Theft Acts, in Article 15 or 16 of the Act on Prohibition of Possession of Special Picking Tools, and Other Related Matters, in Article 2 or Article 6, paragraph (1) of the Act on Punishment of Acts Inflicting Death or Injury on Others by Driving a Motor Vehicle, etc., or in Article 22 of the Act on Prevention of the Disposal of Stolen Specified Metal Articles and Other Related Matters, and sentenced to imprisonment.
本邦に入つた後に、刑法第二編第十二章、第十六章から第十九章まで、第二十三章、第二十六章、第二十七章、第三十一章、第三十三章、第三十六章、第三十七章若しくは第三十九章の罪、暴力行為等処罰に関する法律第一条、第一条ノ二若しくは第一条ノ三（刑法第二百二十二条又は第二百六十一条に係る部分を除く。）の罪、盗犯等の防止及び処分に関する法律の罪、特殊開錠用具の所持の禁止等に関する法律第十五条若しくは第十六条の罪、自動車の運転により人を死傷させる行為等の処罰に関する法律第二条若しくは第六条第一項の罪又は盗難特定金属製物品の処分の防止等に関する法律第二十二条の罪により拘禁刑に処せられたものであるとき。
If the Minister of Justice has decided to grant permission pursuant to the provisions of the preceding paragraph, the Minister is to have the Commissioner of the Immigration Services Agency notify the foreign national to that effect. In such case, the notification is to be made by the Commissioner of the Immigration Services Agency by having an immigration inspector take the measures specified in the following items in accordance with the categories set forth in the following items:
if the foreign national pertaining to the permission becomes a mid- to long-term resident:the issuance of a residence card for the foreign national; or
in cases other than those set forth in the preceding item:issuance of a certificate of status of residence which gives the status of residence and the period of stay for the foreign national.
The permission of the Minister of Justice pursuant to the provisions of paragraph (1) becomes effective if the measures specified in the items of the preceding paragraph have been taken.
In granting the permission pursuant to the provisions of paragraph (1), if the foreign national without a status of residence has been granted permission for provisional landing or permission for landing pursuant to the provisions of Chapter III, Section 4, the Minister of Justice is to revoke the permission for provisional landing or permission for landing.
法務大臣は、第一項の規定による許可をする場合において、当該在留資格未取得外国人が仮上陸の許可又は第三章第四節の規定による上陸の許可を受けているときは、当該仮上陸の許可又は上陸の許可を取り消すものとする。
Read this with the articles around it
foreign national
「外国人」
Anyone who does not hold Japanese nationality.
Defined inArticle 2, paragraph (1), item (i)· applies throughout the law
immigration inspector
「入国審査官」
The immigration official provided for in Article 61-3, who examines people landing in Japan and cases for deportation, among other duties.
Defined inArticle 2, paragraph (1), item (x)· applies throughout the law
period of staymachine translation
「在留期間」
How long a foreign national may stay in Japan under a status of residence; the lengths are set by Ministry of Justice Order and, for most statuses, cannot exceed five years.
Short name set inArticle 2-2, paragraph (3)
special permanent residentmachine translation
「特別永住者」
A special permanent resident: a person who lost Japanese nationality under the Treaty of Peace with Japan, or a descendant of such a person, who may live permanently in Japan under the Special Act on the Immigration Control of, inter alia, those who have lost Japanese Nationality pursuant to the Treaty of Peace with Japan (特例法).
Short name set inArticle 6, paragraph (3), item (i)
mid- to long-term residents
「中長期在留者」
A foreign national residing in Japan with a status of residence who is issued a residence card: everyone except those granted a stay of three months or less, Temporary Visitors, holders of Diplomat or Official status, and others specified by Ministry of Justice Order.
Short name set inArticle 19-3, paragraph (1)
recognition of refugee statusmachine translation
「難民の認定」
The Minister of Justice's recognition, on the application of a foreign national in Japan, that the person is a refugee.
Short name set inArticle 61-2, paragraph (1)
recognition as a person eligible for complementary protectionmachine translation
「補完的保護対象者の認定」
The Minister of Justice's recognition, on the application of a foreign national in Japan, that the person is eligible for complementary protection.
Short name set inArticle 61-2, paragraph (2)
foreign national without a status of residencemachine translation
「在留資格未取得外国人」
A foreign national in Japan who holds no status of residence (在留資格): anyone other than a person staying under a status in Appended Table I or II, a person whose landing permission for temporary refuge has not yet run out, or a special permanent resident.
Defined inArticle 61-2-2, paragraph (1)
imprisonment
拘禁刑
The punishment of being held in a penal institution (刑事施設), for life or for a fixed term of one month to twenty years (Penal Code, Article 12, paragraphs (1) and (2)); a fixed term can be raised to thirty years where the punishment is aggravated, or cut below one month where it is reduced (Article 14, paragraph (2)). To help the person reform and rehabilitate, they may be made to do work or given guidance (Article 12, paragraph (3)). It ranks below the death penalty and above a fine (罰金) among the principal punishments (Articles 9 and 10, paragraph (1)). It replaced imprisonment with work (懲役) and imprisonment without work (禁錮) when the Act Partially Amending the Penal Code, etc. (Act No. 67 of 2022) came into force (Act No. 67 of 2022, Article 2), and a person sentenced to either is treated, for the rules on a person's qualifications, as sentenced to imprisonment for the same term (Act No. 68 of 2022, Article 443, paragraph (1)).
Written by AI using Penal Code, Arts. 9, 10, 12, 14, Act No. 67 of 2022, Art. 2 and Act No. 68 of 2022, Art. 443 as a reference.