Article 11Filing of an Objection
第十一条(異議の申出)
If a foreign national who has received the notice set forth in paragraph (10) of the preceding Article has an objection to the findings, the foreign national may file an objection with the Minister of Justice within 3 days from the receipt of the notice by submitting a document stating the grounds of complaint to the supervising immigration inspector in accordance with the procedures provided for by Ministry of Justice Order.
If the objection set forth in the preceding paragraph is filed, the supervising immigration inspector must submit to the Minister of Justice the records of the hearing as set forth in paragraph (2) of the preceding Article and other pertinent documents.
If the Minister of Justice has received the objection pursuant to the provisions of paragraph (1), the Minister must decide whether or not the objection is within reason and notify the supervising immigration inspector of the decision.
The supervising immigration inspector, upon receiving a notice of decision from the Minister of Justice to the effect that the objection is within reason, 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 case of affixing the seal of verification for landing set forth in the preceding paragraph.
If the supervising immigration inspector has received a notice from the Minister of Justice regarding a decision to the effect that the objection is unreasonable, the Inspector must promptly inform the foreign national of the decision and order them to depart from Japan, and 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.
Article 12Special Cases of Decisions by the Minister of Justice
第十二条(法務大臣の裁決の特例)
In making a decision as set forth in paragraph (3) of the preceding Article, the Minister of Justice may grant special permission for landing to the foreign national if they fall under any of the following items, even if the Minister finds that the objection filed is unreasonable:
the foreign national has been granted re-entry permission;
再入国の許可を受けているとき。
the foreign national has entered Japan under the control of another person due to human trafficking; or
人身取引等により他人の支配下に置かれて本邦に入つたものであるとき。
the Minister of Justice finds that circumstances exist that warrant the granting of special permission for landing.
その他法務大臣が特別に上陸を許可すべき事情があると認めるとき。
Regarding the application of paragraph (4) of the preceding article, the permission set forth in the preceding paragraph is deemed as a decision to the effect that the filed objection was within reason.
Section 3 Provisional Landing and Other Related Particulars
第三節 仮上陸等
Article 13Permission for Provisional Landing
第十三条(仮上陸の許可)
If a supervising immigration inspector finds it specifically necessary during the process of the procedures for landing prescribed in this Chapter, the inspector may grant permission for provisional landing to a foreign national until completion of the procedures.
If the supervising immigration inspector grants the permission set forth in the preceding paragraph, the inspector must issue a provisional landing permit to the foreign national.
In granting the permission set forth in paragraph (1), the supervising immigration inspector may impose restrictions on the foreign national's place of residence and scope of activities, impose obligation to appear upon receiving summons, and other conditions found necessary pursuant to the provisions of Ministry of Justice Order, and have the foreign national pay a deposit for an amount provided for by Ministry of Justice Order not exceeding 2 million yen in Japanese currency or an equivalent amount in a foreign currency.
The deposit set forth in the preceding paragraph must be returned to the foreign national if the foreign national receives a seal of verification for landing pursuant to the provisions of Article 10, paragraph (8) or Article 11, paragraph (4), or if the foreign national is ordered to depart from Japan pursuant to the provisions of Article 10, paragraph (7) or (11) or Article 11, paragraph (6).
If the foreign national who has been granted the permission set forth in paragraph (1) has violated the conditions imposed pursuant to the provisions of paragraph (3), and if the foreign national has fled or failed to respond to a summons without legitimate grounds, the supervising immigration inspector is to confiscate the whole or a part of the deposit set forth in the same paragraph pursuant to the provisions of Ministry of Justice Order.
If the supervising immigration inspector has reasonable grounds to suspect that a foreign national who has been granted the permission set forth in paragraph (1) is likely to flee, the inspector may issue a written detention order and have the foreign national detained by an immigration control officer.
The provisions of Articles 40, 41 and Article 42, paragraph (1) apply mutatis mutandis to the detention pursuant to the provisions of the preceding paragraph. In this case, "the written detention order set forth in paragraph (1) of the preceding Article" in Article 40 is replaced with "the written detention order set forth in Article 13, paragraph (6)"; "the suspect" with "the foreign national granted permission for provisional landing"; and "the summary of the facts of the suspected offense" with "grounds for detention", respectively. In Article 41, paragraph (1), the passage, "is to be within 30 days; provided, however, if a supervising immigration inspector finds that there are compelling reasons, they may extend the period for an additional 30 days" is replaced with "for a period of time preceding the completion of procedures for landing provided for in Chapter III which the supervising immigration inspector finds to be necessary"; and in paragraph (3) of the same Article and Article 42, paragraph (1), "a suspect" is deemed to be replaced with "a foreign national granted permission for provisional landing."
第四十条から第四十二条第一項までの規定は、前項の規定による収容に準用する。この場合において、第四十条中「前条第一項の収容令書」とあるのは「第十三条第六項の収容令書」と、「容疑者」とあるのは「仮上陸の許可を受けた外国人」と、「容疑事実の要旨」とあるのは「収容すべき事由」と、第四十一条第一項中「三十日以内とする。但し、主任審査官は、やむを得ない事由があると認めるときは、三十日を限り延長することができる。」とあるのは「第三章に規定する上陸の手続が完了するまでの間において、主任審査官が必要と認める期間とする。」と、同条第三項及び第四十二条第一項中「容疑者」とあるのは「仮上陸の許可を受けた外国人」と読み替えるものとする。
Article 13-2Place of Stay for a Foreign National given an Exclusion Order
第十三条の二(退去命令を受けた者がとどまることができる場所)
In the event that a special inquiry officer or a supervising immigration inspector orders exclusion pursuant to the provisions of Article 10, paragraph (7) or (11) or Article 11, paragraph (6) respectively, if they find that the foreign national cannot immediately depart from Japan due to the operating schedule of the vessel or aircraft or for other reasons not attributable to the foreign national, the special inquiry officer or the supervising immigration inspector may permit the foreign national to stay in a designated facility (limited to a facility provided for by Ministry of Justice Order) in the vicinity of the port of entry or departure for a designated period, pursuant to the provisions of Ministry of Justice Order.
The special inquiry officer or the supervising immigration inspector, when they designate the facility and the period set forth in the preceding paragraph, must 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.
Section 4 Special Cases of Landing
第四節 上陸の特例
Article 14Permission for Landing at a Port of Call
第十四条(寄港地上陸の許可)
An immigration inspector may grant a foreign national (except for crew members) aboard a vessel or aircraft permission for landing at a port of call if the foreign national seeks to go to an area outside of Japan via Japan and wishes to land and stay for not more than 72 hours in an area in the vicinity of the port of entry or departure upon an application from the captain of the vessel or aircraft or the carrier who operates the vessel or aircraft; provided, however, that this does not apply to a foreign national who falls under any of the items of Article 5, paragraph (1) (this excludes the case in which the provisions of Article 5-2 apply to a foreign national who falls under any of the items of Article 5, paragraph (1) based on the specific grounds set forth in Article 5-2 and no other grounds; the same applies hereinafter).
If the immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding paragraph, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means pursuant to the provisions of Ministry of Justice Order.
In granting the permission set forth in paragraph (1), the immigration inspector must affix a seal of verification for landing at the port of call in the passport possessed by the foreign national.
In granting the permission set forth in paragraph (1), the immigration inspector may impose restrictions on the foreign national's period of landing, scope of activities and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.
Article 14-2Landing Permission for Cruise Ship Tourists
第十四条の二(船舶観光上陸の許可)
An immigration inspector may grant a foreign national (except for crew members) aboard a designated passenger ship (a passenger ship in service on a route between Japan and an area outside of Japan which is designated by the Commissioner of the Immigration Services Agency taking into account the fact that measures of verifying the identity of the passengers are appropriately taken and other circumstances; the same applies hereinafter) landing permission for cruise ship tourists upon an application by the captain of the designated passenger ship or the carrier who operates the designated passenger ship, in accordance with the procedures provided for by Ministry of Justice Order, if the foreign national wishes to land and stay for no more than 30 days (7 days for foreign nationals aboard a designated passenger ship in service on a route in which the number of ports of call within Japan is one) until the time of departure from Japan, for the purpose of sightseeing while the designated passenger ship is in Japan, on the condition that the foreign national returns to the ship by the time the designated passenger ship is to depart from the port of entry or departure for each occasion they disembark from the ship at a Japanese port of entry or departure at which the designated passenger ship makes a port of call.
入国審査官は、指定旅客船(本邦と本邦外の地域との間の航路に就航する旅客船であつて、乗客の本人確認の措置が的確に行われていることその他の事情を勘案して出入国在留管理庁長官が指定するものをいう。以下同じ。)に乗つている外国人(乗員を除く。)が、当該指定旅客船が本邦にある間、観光のため、当該指定旅客船が寄港する本邦の出入国港において下船する都度当該出入国港から当該指定旅客船が出港するまでの間に帰船することを条件として、出国するまでの間三十日(本邦内の寄港地の数が一である航路に就航する指定旅客船に乗つている外国人にあつては、七日)を超えない範囲内で上陸することを希望する場合において、法務省令で定める手続により、その者につき、当該指定旅客船の船長又は当該指定旅客船を運航する運送業者の申請があつたときは、当該外国人に対し船舶観光上陸を許可することができる。
An immigration inspector may, on finding it to be appropriate, grant a foreign national (except for crew members) aboard a designated passenger ship, landing permission for cruise ship tourists upon an application by the captain of the designated passenger ship or the carrier who operates the designated passenger ship, in accordance with the procedures provided for by Ministry of Justice Order, if the foreign national wishes to land on multiple occasions and stay within 30 days for the purpose of sightseeing while the designated passenger ship is in Japan, on the condition that the foreign national returns to the ship by the time the designated passenger ship is to depart from the port of entry or departure for each occasion they disembark from the ship at a Japanese port of entry or departure at which the designated passenger ship makes a port of call.
If an immigration inspector finds it necessary for an examination pertaining to the permission set forth in the preceding two paragraphs, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector must issue a landing permit for cruise ship tourists to the foreign national.
In granting the permission set forth in paragraph (1) or (2), the immigration inspector may impose restrictions on the foreign national's period of landing, scope of activities and other conditions found necessary pursuant to the provisions of Ministry of Justice Order.
The provisions of the proviso to paragraph (1) of the preceding Article apply mutatis mutandis to the cases referred to in paragraphs (1) and (2).
If the foreign national who has been granted the permission set forth in paragraph (2) seeks to land based on this permission, when the immigration inspector finds it necessary, the inspector may require the foreign national to provide their personal identification information in an electronic or magnetic means, pursuant to the provisions of Ministry of Justice Order.
In the case the foreign national who has been granted the permission set forth in paragraph (2) intends to land based on the permission, if the immigration inspector learns that the foreign national falls under any of the items of Article 5, paragraph (1), the inspector is to immediately cancel the permission.
Except as provided for in the preceding paragraph, an immigration inspector may cancel the permission, in accordance with the procedures provided for by Ministry of Justice Order, if the inspector finds it inappropriate to continue to grant the permission to the foreign national who has been granted the permission set forth in paragraph (2). In this case, if the foreign national is in Japan, the officer is to designate a period necessary for the foreign national to depart from Japan.