Chapter V Procedures for Deportation
第五章 退去強制の手続
Section 1 Investigation into Violation
第一節 違反調査
Article 27Investigation into Violation
第二十七条(違反調査)
If an immigration control officer considers that a foreign national falls under any of the items of Article 24, the officer may conduct an investigation into any violation that may have been committed by that foreign national (hereinafter referred to as "suspect").
Article 28Necessary Interrogation for Investigation into Violation and Request for Its Reports
第二十八条(違反調査について必要な取調べ及び報告の要求)
An immigration control officer may conduct necessary interrogation in order to attain the objectives of an investigation into possible violation; provided, however, that mandatory disposal may not be enforced unless special provisions are provided in this Chapter and Chapter VIII.
An immigration control officer may make inquiries to public offices or to public or private organizations and request reports on necessary facts for investigation into violations.
Article 29Request for Appearance and Interrogation of Suspects
第二十九条(容疑者の出頭要求及び取調)
An immigration control officer may request the appearance of a suspect and interrogate them, if it is necessary for an investigation into violation.
In the case referred to in the preceding paragraph, the immigration control officer must enter the suspect's statement on the written evidence.
In preparing the written evidence as set forth in the preceding paragraph, the immigration control officer must have the suspect inspect the written evidence or the immigration control officer must read it aloud to the suspect, and have them sign it, and the officer must affix their own signature thereto.
In the case referred to in the preceding paragraph, if the suspect is unable to sign or refuses to sign the statement, the immigration control officer must make an additional entry to that effect in the written evidence.
Article 30Request for Appearance of Witnesses
第三十条(証人の出頭要求)
An immigration control officer may request the appearance of a witness and interview them, if it is necessary for an investigation into violation.
In the case referred to in the preceding paragraph, the immigration control officer must enter the witness's statement in the written evidence.
The provisions of paragraphs (3) and (4) of the preceding Article apply mutatis mutandis to the case referred to in the preceding paragraph. In this case, "suspect" in paragraphs (3) and (4) of the preceding Article is deemed to be replaced with "witness."
第三十条の二(領置)
An immigration control officer may retain objects that a suspect or witness has voluntarily submitted or left behind.
Article 31Official Inspection, Search, Seizure, etc.
第三十一条(臨検、捜索又は差押え等)
An immigration control officer may, if it is necessary for conducting an investigation into violations, carry out an official inspection, search, seizure or seizure with a recording order (meaning ordering a person who keeps electronic or magnetic records or any other person who has the authority to use electronic or magnetic records to record the necessary electronic or magnetic records onto a recording medium or print them out, and then seizing the recording medium; the same applies hereinafter in this Section) with a permit issued in advance by a judge of the district court or summary court with jurisdiction over the location of the office to which the officer belongs.
If the object to be seized is a computer, the electronic or magnetic records may be copied onto the computer or another recording medium from a recording medium which is connected to the computer via a telecommunications line and which, under the circumstances, can be reasonably found to be used to store electronic or magnetic records created or modified using the computer or electronic or magnetic records that are to be modifiable or erasable using the computer, and the computer or the other recording medium may then be seized.
差し押さえるべき物件が電子計算機であるときは、当該電子計算機に電気通信回線で接続している記録媒体であつて、当該電子計算機で作成若しくは変更をした電磁的記録又は当該電子計算機で変更若しくは消去をすることができることとされている電磁的記録を保管するために使用されていると認めるに足りる状況にあるものから、その電磁的記録を当該電子計算機又は他の記録媒体に複写した上、当該電子計算機又は当該他の記録媒体を差し押さえることができる。
In the cases referred to in the preceding two paragraphs, in cases of urgency, the immigration control officer may take the actions set forth in the preceding two paragraphs with a permit issued in advance by a judge of the district court or summary court with jurisdiction over the location of the object or place subject to official inspection, the body, object or place subject to search, the object subject to seizure, or the person to be ordered to record or print out electronic or magnetic records.
When requesting the permit set forth in paragraph (1) or the preceding paragraph (hereinafter referred to as a "permit" in this Section, except in Article 37-5, paragraphs (4) and (5)), the immigration control officer must attach materials giving grounds to consider that the suspect falls under any of the items of Article 24 and the materials specified in the following items in accordance with the categories of cases set forth in those items:
when seeking to carry out an official inspection of an object, or a residence or other place, of a person other than the suspect:materials showing that there are circumstances sufficient to find that the object or place is related to the case of violation;
容疑者以外の者の物件又は住居その他の場所を臨検しようとするとき その物件又は場所が違反事件に関係があると認めるに足りる状況があることを認めるべき資料
when seeking to conduct a search of the body, an object, or a residence or other place, of a person other than the suspect:materials showing that there are circumstances sufficient to find the existence of the object to be seized and that the object is related to the case of violation;
容疑者以外の者の身体、物件又は住居その他の場所について捜索しようとするとき 差し押さえるべき物件の存在及びその物件が違反事件に関係があると認めるに足りる状況があることを認めるべき資料
when seeking to seize an object of a person other than the suspect:materials showing that there are circumstances sufficient to find that the object is related to the case of violation; and
容疑者以外の者の物件を差し押さえようとするとき その物件が違反事件に関係があると認めるに足りる状況があることを認めるべき資料
when seeking to seize electronic or magnetic records kept by a person other than the suspect, being necessary electronic or magnetic records that the person who keeps them or any other person who has the authority to use them has been ordered to record or print out:materials showing that there are circumstances sufficient to find that the electronic or magnetic records are related to the case of violation.
When the request set forth in the preceding paragraph has been made, the judge of the district court or summary court must issue to the immigration control officer a permit bearing the judge's name and seal which states the name of the suspect, the object or place subject to official inspection, the body, object or place subject to search, the object to be seized, or the electronic or magnetic records to be recorded or printed out and the person to be ordered to record or print them out, as well as the official title and name of the requesting person, the validity period, the fact that execution may not be commenced after the validity period has passed and that the permit must then be returned, the date of issuance and the name of the court.
In the case referred to in paragraph (2), the permit must state, in addition to the particulars prescribed in the preceding paragraph, the scope of the recording media connected to the computer to be seized via a telecommunications line from which the electronic or magnetic records are to be copied.
An immigration control officer may deliver the permit to another immigration control officer and have them carry out the official inspection, search, seizure or seizure with a recording order.
Article 31-2Seizure from Persons Handling Communications Services
第三十一条の二(通信事務を取り扱う者に対する差押え)
An immigration control officer may, if it is necessary for conducting an investigation into violations, upon receiving the issuance of a permit, seize postal items, correspondence delivery items or documents concerning telegrams that have been sent by or to the suspect and that are kept or possessed by a person handling communications services pursuant to the provisions of laws and regulations.
An immigration control officer may, upon receiving the issuance of a permit, seize postal items, correspondence delivery items or documents concerning telegrams that do not fall under the provisions of the preceding paragraph and that are kept or possessed by a person handling communications services pursuant to the provisions of laws and regulations, limited to those for which there are circumstances sufficient to find that they are related to the case of violation.
If an immigration control officer has carried out a disposition pursuant to the provisions of the preceding two paragraphs, the officer must notify the sender or recipient to that effect; provided, however, that this does not apply if the notification is likely to obstruct the investigation into violations.
Article 31-3Request for Preservation of Electronic or Magnetic Records of Communication History
第三十一条の三(通信履歴の電磁的記録の保全要請)
If it is necessary for carrying out a seizure or seizure with a recording order, an immigration control officer may, specifying the necessary electronic or magnetic records among the electronic or magnetic records of the source, destination, date and time and other communication history of telecommunications that are recorded in the course of business, and setting a period not exceeding 30 days, request in writing a person engaged in the business of providing facilities for telecommunications for the communications of others, or a person who has installed facilities for telecommunications capable of intermediating the communications of unspecified or a large number of persons for their own business, not to erase those records. In this case, if the officer comes to find that there is no need to carry out a seizure or seizure with a recording order with regard to the electronic or magnetic records, the officer must withdraw the request.
The period for which a request not to erase is made pursuant to the provisions of the preceding paragraph may, if particularly necessary, be extended within a range not exceeding 30 days; provided, however, that the total period for which the request not to erase is made may not exceed 60 days.
前項の規定により消去しないよう求める期間については、特に必要があるときは、三十日を超えない範囲内で延長することができる。ただし、消去しないよう求める期間は、通じて六十日を超えることができない。
In making a request pursuant to the provisions of paragraph (1), if necessary, a request may be made that matters concerning the request not be divulged without good reason.
第一項の規定による求めを行う場合において、必要があるときは、みだりに当該求めに関する事項を漏らさないよう求めることができる。
第三十一条の四(電磁的記録に係る記録媒体の差押えに代わる処分)
If the object to be seized is a recording medium relating to electronic or magnetic records, the immigration control officer may carry out the following dispositions in lieu of the seizure:
copying, printing out or transferring the electronic or magnetic records recorded on the recording medium to be seized onto another recording medium, and then seizing that other recording medium; or
差し押さえるべき記録媒体に記録された電磁的記録を他の記録媒体に複写し、印刷し、又は移転した上、当該他の記録媒体を差し押さえること。
having the person subject to the seizure copy, print out or transfer the electronic or magnetic records recorded on the recording medium to be seized onto another recording medium, and then seizing that other recording medium.
差押えを受ける者に差し押さえるべき記録媒体に記録された電磁的記録を他の記録媒体に複写させ、印刷させ、又は移転させた上、当該他の記録媒体を差し押さえること。
Article 32Necessary Dispositions in Conducting Official Inspection, Search, Seizure, etc.
第三十二条(臨検、捜索又は差押え等に際しての必要な処分)
An immigration control officer may, if it is necessary for conducting an official inspection, search, seizure or seizure with a recording order, remove locks, open seals, or carry out any other necessary dispositions.
入国警備官は、臨検、捜索、差押え又は記録命令付差押えをするため必要があるときは、錠をはずし、封を開き、その他必要な処分をすることができる。
The dispositions set forth in the preceding paragraph may also be carried out with regard to retained objects, seized objects or objects seized with a recording order.
前項の処分は、領置物件、差押物件又は記録命令付差押物件についても、することができる。
Article 32-2Request for Cooperation to Persons Subject to Dispositions
第三十二条の二(処分を受ける者に対する協力要請)
If the object subject to official inspection or the object to be seized is a recording medium relating to electronic or magnetic records, the immigration control officer may request the person subject to the official inspection, search or seizure to operate the computer or provide other necessary cooperation.
Article 32-3Presentation of Permits
第三十二条の三(許可状の提示)
Article 33Carrying of an Identification Card
第三十三条(証票の携帯)
An immigration control officer must carry their identification card with them and show it upon request by the person concerned while conducting questioning, retention, official inspection, search, seizure or seizure with a recording order pursuant to the provisions of this Section.
入国警備官は、この節の規定により取調べ、領置、臨検、捜索、差押え又は記録命令付差押えをする場合には、その身分を示す証票を携帯し、関係人の請求があるときは、これを提示しなければならない。
Article 34Presence of Witnesses
第三十四条(立会い)
An immigration control officer must, in conducting an official inspection, search, seizure or seizure with a recording order at a residence or other buildings, ensure that the owner, lessee, administrator or other persons who acts in the capacity of that person is present. If this cannot be done, they must ensure that a neighbor or an official of the local government is present.
入国警備官は、住居その他の建造物内で臨検、捜索、差押え又は記録命令付差押えをするときは、所有者、借主、管理者又はこれらの者に代わるべき者を立ち会わせなければならない。これらの者を立ち会わせることができないときは、隣人又は地方公共団体の職員を立ち会わせなければならない。
When a search of the body of a woman is conducted, an adult woman must be present; provided, however, that this does not apply in cases of urgency.
女子の身体について捜索をするときは、成年の女子を立ち会わせなければならない。ただし、急速を要する場合は、この限りでない。
Article 35Restriction on Hours
第三十五条(時刻の制限)
An immigration control officer must not enter any residence or other buildings to conduct an official inspection, search, seizure or seizure with a recording order before sunrise or after sunset, unless the permit indicates that it may be executed at night.
An immigration control officer may, in the event that they have begun the official inspection, search, seizure or seizure with a recording order before sunset, continue the act after sunset.
入国警備官は、日没前に臨検、捜索、差押え又は記録命令付差押えに着手したときは、日没後でも、その処分を継続することができる。
An immigration control officer is not required to act pursuant to the restrictions prescribed in paragraph (1) while conducting an official inspection, search, seizure or seizure with a recording order at the following places:
any place which is considered to be commonly used for acts prejudicial to public morals; or
風俗を害する行為に常用されるものと認められる場所
a hotel, restaurant or any other place which the public is able to enter and leave at night; provided however, that this applies only during the hours that the place is open to the public.
旅館、飲食店その他夜間でも公衆が出入することができる場所。ただし、公開した時間内に限る。
Article 36Prohibition of Entry and Exit
第三十六条(出入禁止)
An immigration control officer may prohibit any person from entering or exiting the premises without permission while conducting interrogation, official inspection, search, seizure or seizure with a recording order pursuant to the provisions of this Section.
入国警備官は、この節の規定により取調べ、臨検、捜索、差押え又は記録命令付差押えをする間は、何人に対しても、許可を受けないでその場所に出入することを禁止することができる。
Article 36-2Dispositions When Suspending Execution
第三十六条の二(執行を中止する場合の処分)
When suspending the execution of an official inspection, search, seizure or seizure with a recording order, if necessary, the place may be closed or a guard may be posted until the execution is completed.
臨検、捜索、差押え又は記録命令付差押えの執行を中止する場合において、必要があるときは、執行が終わるまでその場所を閉鎖し、又は看守者を置くことができる。
Article 36-3Issuance of Search Certificates
第三十六条の三(捜索証明書の交付)
If a search has been conducted and no evidence has been found, a certificate to that effect must be issued upon request by the person subject to the search.
捜索をした場合において、証拠物がないときは、捜索を受けた者の請求により、その旨の証明書を交付しなければならない。
Article 37Preparation of Inventories of Retained Objects, etc.
第三十七条(領置目録等の作成等)
In the event that an immigration control officer has carried out a retention, seizure or seizure with a recording order, they must make an inventory thereof and deliver a transcript of it to the owner, holder or custodian of the retained objects, seized objects or objects seized with a recording order (including a person subject to a disposition pursuant to the provisions of Article 31-4) or a person who acts in the capacity of that person.
Article 37-2Handling of Retained Objects, etc.
第三十七条の二(領置物件等の処置)
Retained objects, seized objects or objects seized with a recording order that are inconvenient to transport or keep may, with the consent of their owner, holder or any other person whom the immigration control officer finds appropriate, be placed in the custody of that person upon obtaining a custody receipt.
運搬又は保管に不便な領置物件、差押物件又は記録命令付差押物件は、その所有者又は所持者その他入国警備官が適当と認める者に、その承諾を得て、保管証を徴して保管させることができる。
If retained objects or seized objects have rotted or deteriorated, or are likely to rot or deteriorate, the director of the regional immigration services bureau may, pursuant to the provisions of Cabinet Order, sell them at public auction after giving public notice and deposit the proceeds.
地方出入国在留管理局長は、領置物件又は差押物件が腐敗し、若しくは変質したとき、又は腐敗若しくは変質のおそれがあるときは、政令で定めるところにより、公告した後これを公売に付し、その代金を供託することができる。
Article 37-3Return, etc. of Retained Objects, etc.
第三十七条の三(領置物件等の還付等)
If there is no longer any need to hold retained objects, seized objects or objects seized with a recording order, the immigration control officer or immigration inspector must return them to the person who is to receive their return.
If the director of the regional immigration services bureau is unable to return the retained objects, seized objects or objects seized with a recording order set forth in the preceding paragraph because the domicile or residence of the person who is to receive their return is unknown, or for any other reason, the director must give public notice to that effect by the method specified by Cabinet Order.
地方出入国在留管理局長は、前項の領置物件、差押物件又は記録命令付差押物件について、その返還を受けるべき者の住所若しくは居所がわからないため、又はその他の事由によりこれを還付することができない場合においては、その旨を政令で定める方法によつて公告しなければならない。
If no request for the return of the retained objects, seized objects or objects seized with a recording order pertaining to the public notice set forth in the preceding paragraph is made even after 6 months have passed from the date of the public notice, these objects belong to the National Treasury.
前項の公告に係る領置物件、差押物件又は記録命令付差押物件について公告の日から六月を経過しても還付の請求がないときは、これらの物件は、国庫に帰属する。
Article 37-4Delivery of Recording Media Pertaining to Transferred Electronic or Magnetic Records
第三十七条の四(移転された電磁的記録に係る記録媒体の交付等)
If it has become unnecessary to retain a recording medium that an immigration control officer seized after transferring electronic or magnetic records or having them transferred pursuant to the provisions of Article 31-4, and the person from whom it was seized and the owner, holder or custodian of the recording medium are different persons, the immigration control officer must deliver the recording medium to the person from whom it was seized, or permit that person to make a copy of the electronic or magnetic records.
The provisions of paragraph (2) of the preceding Article apply mutatis mutandis to the delivery or copying pursuant to the provisions of the preceding paragraph.
If no request for the delivery or copying set forth in the preceding paragraph has been made even after 6 months have elapsed from the date of the public notice pursuant to the provisions of paragraph (2) of the preceding Article as applied mutatis mutandis pursuant to the preceding paragraph, it is not required to make the delivery or to permit the copying.
Article 37-5Commissioning of Expert Examinations
第三十七条の五(鑑定等の嘱託)
If it is necessary for conducting an investigation into violations, an immigration control officer may commission a person with relevant knowledge and experience to conduct an expert examination of retained objects, seized objects or objects seized with a recording order, or may commission interpretation or translation.
A person who has been commissioned to conduct an expert examination pursuant to the provisions of the preceding paragraph (referred to as an "expert" in paragraphs (4) and (5)) may destroy an object pertaining to the expert examination with permission from a judge of the district court or summary court with jurisdiction over the location of the office to which the immigration control officer set forth in the preceding paragraph belongs.
The request for the permission set forth in the preceding paragraph must be made by an immigration control officer.
If a request as set forth in the preceding paragraph is made and the judge finds the request to be reasonable, the judge must issue a permit stating the name of the suspect, the object to be destroyed, the name of the expert, the title and name of the person making the request, the validity period, a statement that the permit may not be executed after the expiration of the validity period and must be returned, the date of issuance and the name of the court, with the name and seal of the judge, and deliver it to the immigration control officer.
The expert must show the permit set forth in the preceding paragraph to the person subject to the disposition set forth in paragraph (2).
Article 38Preparation of Written Evidence
第三十八条(調書の作成)
In the event that the immigration control officer has conducted an official inspection, search, seizure or seizure with a recording order, the officer must prepare a written evidence thereof and have the observer inspect it, or read it aloud to the observer and have them sign it, and the officer must affix their own signature thereto.
入国警備官は、臨検、捜索、差押え又は記録命令付差押えをしたときは、これらに関する調書を作成し、立会人に閲覧させ、又は読み聞かせて、署名をさせ、かつ、自らこれに署名しなければならない。
In the case referred to in the preceding paragraph, if the observer is unable to sign or refuses to sign the written evidence, the immigration control officer must make an additional entry to that effect in the written evidence.
Section 2 Measures Concerning the Custody of Suspects
第二節 容疑者の身柄に関する措置
Article 39Examination by a Supervising Immigration Inspector
第三十九条(主任審査官の審査)
If, as a result of an investigation into violations pursuant to the provisions of Article 27, an immigration control officer finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, the officer is to notify a supervising immigration inspector to that effect, except where the officer has detained the suspect pursuant to the provisions of Article 43, paragraph (1).
If the supervising immigration inspector who has received the notice pursuant to the provisions of the preceding paragraph finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, the inspector must examine whether to place the suspect under supervision measures pursuant to the provisions of Article 44-2, paragraph (1) or to detain the suspect.
前項の規定による通知を受けた主任審査官は、容疑者が第二十四条各号のいずれかに該当すると疑うに足りる相当の理由があると認めるときは、第四十四条の二第一項の規定による監理措置に付すか収容するかを審査しなければならない。
第三十九条の二(収容)
If the supervising immigration inspector has decided to detain the suspect in the examination pursuant to the provisions of paragraph (2) of the preceding Article, the inspector is to issue a written detention order and deliver it to an immigration control officer.
If an immigration control officer has received a written detention order pursuant to the provisions of the preceding paragraph, the officer is to detain the suspect under the written detention order.
Article 40Format of a Written Detention Order
第四十条(収容令書の方式)
The name, place of residence, and nationality of the suspect, facts of the suspected offense, place of detention, validity period and date of issuance of the order, and other particulars provided for by Ministry of Justice Order are to be stated in the written detention order set forth in paragraph (1) of the preceding Article, and a supervising immigration inspector must sign their name and affix their seal thereto.
Article 41Period and Place of Detention and Commission of Custody
第四十一条(収容の期間及び場所並びに留置の嘱託)
The period of detention set pursuant to the written detention order is to be within 30 days; provided, however, that if a supervising immigration inspector finds that there are compelling reasons, they may extend that period once for an additional 30 days.
収容令書によつて収容することができる期間は、三十日以内とする。ただし、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。
The place where the foreign national may be detained pursuant to the written detention order is to be an immigration detention center, etc., or any other appropriate place designated by the Commissioner of the Immigration Services Agency or by a supervising immigration inspector entrusted by the Commissioner.
A police officer may place a suspect in custody in a detention facility upon the request of a supervising immigration inspector who finds it necessary.
Article 42Procedures for Detention
第四十二条(収容の手続)
If an immigration control officer detains a suspect pursuant to a written detention order, they must show the detention order to the suspect.
In urgent cases, an immigration control officer may detain a suspect by giving the suspect the facts of the suspected offense and informing them that the order has been issued even if the officer is not in possession of a written detention order; provided, however, that the order must be shown to the suspect as soon as possible.
第四十三条(要急事件)
If an immigration control officer finds that there are reasonable grounds to believe that a person clearly falling under any of the items of Article 24 is likely to flee before the issuance of a written detention order, the officer may detain the person without a written detention order.
If detention has been carried out as set forth in the preceding paragraph, the immigration control officer must promptly notify a supervising immigration officer of the grounds for the detention and request the issuance of a written detention order.
In the case referred to in the preceding paragraph, if the supervising immigration inspector does not approve the detention set forth in paragraph (1) (limited to cases in which the inspector finds that the person does not fall under any of the items of Article 24), the immigration control officer must immediately release the person detained.
Article 44Handing Over the Suspect
第四十四条(容疑者の引渡し)
If an immigration control officer has detained a suspect pursuant to the provisions of Article 39-2, paragraph (2) or paragraph (1) of the preceding Article, the officer must, except where a decision to place the suspect under supervision measures has been made pursuant to the provisions of paragraph (6) of the following Article, hand over the suspect to an immigration inspector together with the written evidence and evidences within 48 hours from the time they have taken the suspect into custody.
Article 44-2Supervision Measures in Lieu of Detention
第四十四条の二(収容に代わる監理措置)
If the supervising immigration inspector conducting the examination pursuant to the provisions of Article 39, paragraph (2) finds that there are reasonable grounds to suspect that the suspect falls under any of the items of Article 24, and finds it appropriate to carry out the deportation procedures prescribed in this Chapter without detaining the suspect, taking into consideration the degree of the risk that the suspect will flee or destroy evidence, the degree of the disadvantage the suspect would suffer from detention, and other circumstances, the inspector is to make a decision to place the suspect under supervision measures (meaning measures placing a person under supervision by a supervisor prescribed in the following Article; hereinafter the same applies in this Section). In this case, the inspector is to impose on the suspect to be placed under supervision measures restrictions on the place of residence and scope of activities, an obligation to appear upon receiving summons, and other conditions found necessary to prevent flight and the destruction of evidence (hereinafter referred to as "conditions of supervision measures" in this Section).
第三十九条第二項の規定による審査をする主任審査官は、容疑者が第二十四条各号のいずれかに該当すると疑うに足りる相当の理由がある場合であつて、容疑者が逃亡し、又は証拠を隠滅するおそれの程度、収容により容疑者が受ける不利益の程度その他の事情を考慮し、容疑者を収容しないでこの章に規定する退去強制の手続を行うことが相当と認めるときは、容疑者を監理措置(次条に規定する監理人による監理に付する措置をいう。以下この節において同じ。)に付する旨の決定をするものとする。この場合においては、監理措置に付される容疑者に対し、住居及び行動範囲の制限、呼出しに対する出頭の義務その他逃亡及び証拠の隠滅を防止するために必要と認める条件(以下この節において「監理措置条件」という。)を付するものとする。
In making the decision set forth in the preceding paragraph, if the supervising immigration inspector finds it necessary in order to prevent flight or the destruction of evidence by the person to be placed under supervision measures, the inspector may make it a condition that a deposit of an amount provided for by Ministry of Justice Order not exceeding 3 million yen be paid by the deadline provided for by Ministry of Justice Order.
If the supervising immigration inspector has made the decision set forth in paragraph (1), the inspector is to notify the immigration control officer to that effect.
A suspect detained pursuant to the provisions of Article 39-2, paragraph (2), Article 43, paragraph (1), or Article 44-4, paragraph (6) or the main clause of paragraph (7) (including a suspect granted provisional release pursuant to the provisions of Article 54, paragraph (2); referred to as a "detained suspect" in the following paragraph and paragraph (6)) may request the supervising immigration inspector to place them under supervision measures, pursuant to the provisions of Ministry of Justice Order.
第三十九条の二第二項、第四十三条第一項又は第四十四条の四第六項若しくは第七項本文の規定により収容された容疑者(第五十四条第二項の規定により仮放免された容疑者を含む。次項及び第六項において「被収容容疑者」という。)は、法務省令で定めるところにより、主任審査官に対し、自己を監理措置に付することを請求することができる。
If a detained suspect is under 16 years of age, or is unable to make the request set forth in the preceding paragraph personally due to illness or other reasons, the request may be made on behalf of the detained suspect by a person set forth in any of the following items (excluding a person under 16 years of age) who lives with the detained suspect, in the order of those items:
spouse;
配偶者
child;
子
father or mother;
父又は母
a relative other than the persons set forth in the preceding three items.
前三号に掲げる者以外の親族
If, upon the request set forth in paragraph (4) or ex officio, the supervising immigration inspector finds it appropriate to release the detained suspect and carry out the deportation procedures prescribed in this Chapter, taking into consideration the degree of the risk that the detained suspect will flee or destroy evidence, the degree of the disadvantage the detained suspect suffers from detention, and other circumstances, the inspector is to make a decision to release the person and place them under supervision measures. In this case, the inspector is to impose conditions of supervision measures on the person to be placed under supervision measures, and, if the inspector finds it necessary in order to prevent flight or the destruction of evidence by the person, may have the person pay a deposit of an amount provided for by Ministry of Justice Order not exceeding 3 million yen.
In making a decision on supervision measures (meaning the decision set forth in paragraph (1) or the preceding paragraph; hereinafter the same applies in this Section and Article 50, paragraph (2)), the supervising immigration inspector is to issue, pursuant to the provisions of Ministry of Justice Order, a written notice of the decision on supervision measures stating the conditions imposed with the supervision measures to the person under supervision measures (meaning a person placed under supervision measures; hereinafter the same applies except in Section 4), and a certified copy thereof to the supervisor, respectively.
If the supervising immigration inspector has made the decision on supervision measures set forth in paragraph (6), the inspector is to immediately release the person under supervision measures; provided, however, that if the inspector has decided, in making the decision on supervision measures set forth in the same paragraph, to have a deposit paid, the inspector is to release the person under supervision measures immediately after the deposit has been paid.
If a request set forth in paragraph (4) has been made and the supervising immigration inspector does not make a decision on supervision measures, the inspector notifies the person who made the request to that effect by a document stating the reasons.
With regard to the application of the provisions of Article 70 to a person under supervision measures, while the person is placed under supervision measures pursuant to the provisions of paragraph (1) or paragraph (6), the person under supervision measures is deemed not to fall under a person who remains in Japan or a person who does not depart from Japan as prescribed in items (iii) through (iii)-3, item (v), and items (vii) through (viii)-4 of paragraph (1) of the same Article, and the stay of the person during that period is deemed not to constitute illegally staying as prescribed in paragraph (2) of the same Article.
第四十四条の三(監理人)
A supervisor is to be selected by the supervising immigration inspector making the decision on supervision measures from among persons who understand the responsibilities of a supervisor prescribed in the following paragraph through paragraph (5), who have consented to become the supervisor of the person under supervision measures, and who are found to be suitable in consideration of their ability to perform the duties.
A supervisor is to keep track of the living conditions of the person under supervision measures whom the supervisor supervises, and to provide guidance and oversight to the person under supervision measures, to the extent necessary to ensure the appearance of the person under supervision measures and other compliance with the conditions of supervision measures or the conditions imposed pursuant to the provisions of Article 44-5, paragraph (1) (referred to as "conditions of supervision measures, etc." in the following paragraph and paragraph (5)).
監理人は、自己が監理する被監理者による出頭の確保その他監理措置条件又は第四十四条の五第一項の規定により付された条件(次項及び第五項において「監理措置条件等」という。)の遵守の確保のために必要な範囲内において、当該被監理者の生活状況の把握並びに当該被監理者に対する指導及び監督を行うものとする。
In order to contribute to ensuring the appearance of the person under supervision measures whom the supervisor supervises and other compliance with the conditions of supervision measures, etc., a supervisor is to endeavor to respond to consultations from the person under supervision measures and to provide the person under supervision measures with support for maintaining a residence, necessary information, advice and other assistance.
If a supervisor falls under any of the following items, the supervisor must notify the supervising immigration inspector to that effect and of the particulars provided for by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order:
監理人は、次の各号のいずれかに該当するときは、法務省令で定めるところにより、主任審査官に対し、その旨及び法務省令で定める事項を届け出なければならない。
the supervisor has come to know that the person under supervision measures falls under any of the items of paragraph (2) of the following Article;
the person under supervision measures has died;
被監理者が死亡したとき。
beyond what is set forth in the preceding two items, the case falls under a case provided for by Ministry of Justice Order as a case in which continuing the supervision measures is impeded.
If it is necessary to ensure the appearance of a person under supervision measures and other compliance with the conditions of supervision measures, etc., the supervising immigration inspector may request the supervisor, pursuant to the provisions of Ministry of Justice Order, to report on the living conditions of the person under supervision measures, the status of compliance with the conditions of supervision measures, etc., the status of activities conducted with the permission pursuant to the provisions of Article 44-5, paragraph (1), and other particulars provided for by Ministry of Justice Order. In this case, the supervisor must make the report pursuant to the provisions of Ministry of Justice Order.
主任審査官は、被監理者による出頭の確保その他監理措置条件等の遵守の確保のために必要があるときは、法務省令で定めるところにより、監理人に対し、当該被監理者の生活状況、監理措置条件等の遵守状況、第四十四条の五第一項の規定による許可を受けて行つた活動の状況その他法務省令で定める事項の報告を求めることができる。この場合においては、監理人は、法務省令で定めるところにより、当該報告をしなければならない。
The supervising immigration inspector may revoke the selection of a supervisor if it has become difficult for the supervisor to perform their duties or if the inspector otherwise finds it inappropriate to have the supervisor continue their duties.
主任審査官は、監理人が任務を遂行することが困難になつたときその他監理人にその任務を継続させることが相当でないと認めるときは、監理人の選定を取り消すことができる。
If a supervisor resigns as supervisor, the supervisor must notify the supervising immigration inspector in advance of the name of the person under supervision measures and other particulars provided for by Ministry of Justice Order.
The Commissioner of the Immigration Services Agency is to respond to consultations from supervisors and provide necessary information, advice and other assistance for the proper implementation of supervision measures.
出入国在留管理庁長官は、監理措置の適正な実施のため、監理人からの相談に応じ、必要な情報の提供、助言その他の援助を行うものとする。
Article 44-4Revocation of Decisions on Supervision Measures
第四十四条の四(監理措置決定の取消し)
The supervising immigration inspector must revoke a decision on supervision measures pursuant to the provisions of Ministry of Justice Order if the case falls under any of the following items:
in the case where the payment of a deposit has been made a condition pursuant to the provisions of Article 44-2, paragraph (2), the person under supervision measures has not paid the deposit by the deadline provided for by Ministry of Justice Order set forth in the same paragraph;
第四十四条の二第二項の規定により保証金を納付することが条件とされた場合において、被監理者が、同項の法務省令で定める期限までに保証金を納付しなかつたとき。
in the case where the selection of the supervisor has been revoked pursuant to the provisions of paragraph (6) of the preceding Article, the supervisor has resigned or the supervisor has died, there is no person to be newly selected as supervisor for the person under supervision measures.
The supervising immigration inspector may revoke a decision on supervision measures pursuant to the provisions of Ministry of Justice Order if the person under supervision measures falls under any of the following items:
the person under supervision measures has fled, or there are reasonable grounds to suspect that the person under supervision measures will flee;
逃亡し、又は逃亡すると疑うに足りる相当の理由があるとき。
the person under supervision measures has destroyed evidence, or there are reasonable grounds to suspect that the person under supervision measures will destroy evidence;
証拠を隠滅し、又は隠滅すると疑うに足りる相当の理由があるとき。
the person under supervision measures has violated the conditions of supervision measures;
監理措置条件に違反したとき。
the person under supervision measures has engaged in activities in violation of the provisions of Article 19, paragraph (1), has engaged in activities for which they receive remuneration (excluding activities by a person residing with a status of residence; the same applies hereinafter in this item) without obtaining the permission pursuant to the provisions of paragraph (1) of the following Article, or has engaged in activities of managing a business involving income;
the person under supervision measures has failed to make the notification pursuant to the provisions of Article 44-6 or has made a false notification.
第四十四条の六の規定による届出をせず、又は虚偽の届出をしたとき。
If the supervising immigration inspector has revoked a decision on supervision measures pursuant to the provisions of the preceding two paragraphs, the inspector must prepare a written revocation of the decision on supervision measures, issue a written detention order, and deliver them to an immigration control officer.
The provisions of Article 40 apply mutatis mutandis to the written detention order set forth in the preceding paragraph.
If a deposit has been paid as a condition pursuant to the provisions of Article 44-2, paragraph (2) or (6) and the supervising immigration inspector has revoked the decision on supervision measures pursuant to the provisions of paragraph (2), the inspector is to confiscate the whole or a part of the deposit.
主任審査官は、第四十四条の二第二項又は第六項の規定による条件として保証金が納付された場合において、第二項の規定により監理措置決定を取り消したときは、保証金の全部又は一部を没取するものとする。
If there is a person whose decision on supervision measures has been revoked, an immigration control officer must show the written revocation of the decision on supervision measures set forth in paragraph (3) and the written detention order to the person, and detain the person in an immigration detention center, etc., or any other place designated by the Commissioner of the Immigration Services Agency or by the supervising immigration inspector entrusted by the Commissioner.
In urgent cases, an immigration control officer may detain a person whose decision on supervision measures has been revoked by informing the person of the summary of the facts of the suspected offense and that the decision on supervision measures has been revoked and a written detention order has been issued, even if the officer is not in possession of the written revocation of the decision on supervision measures set forth in paragraph (3) or the written detention order; provided, however, that the written revocation of the decision on supervision measures and the written detention order must be shown to the person as soon as possible.
If the supervising immigration inspector receives a notice from an immigration control officer that the validity period of the written detention order set forth in paragraph (3) has expired, the inspector must issue a written detention order again and deliver it to the immigration control officer.
If a person whose decision on supervision measures has been revoked pursuant to the provisions of paragraph (1) or (2) had been detained pursuant to the provisions of Article 39-2, paragraph (2) or Article 43, paragraph (1) before being placed under those supervision measures, the number of days of that detention is deemed to be the number of days already detained under the written detention order set forth in paragraph (3), with regard to the application of the provisions of Article 41, paragraph (1) in relation to that written detention order.
Article 44-5Permission for Activities for Which Remuneration Is Received
第四十四条の五(報酬を受ける活動の許可等)
If the supervising immigration inspector finds it necessary for maintaining the livelihood of a person under supervision measures and appropriate, the inspector may, upon an application from the person under supervision measures (limited to an application with the consent of the supervisor), grant permission to engage, under the supervision of the supervisor and to the extent necessary for maintaining the livelihood of the person under supervision measures, in activities for which remuneration is received that are appropriate as activities conducted based on an employment contract with a public or private organization in Japan designated by the supervising immigration inspector. In this case, the supervising immigration inspector may impose conditions necessary for the permission.
If the supervising immigration inspector has granted the permission pursuant to the provisions of the preceding paragraph, the inspector is to state that fact and the conditions imposed on the permission in the written notice of the decision on supervision measures set forth in Article 44-2, paragraph (7), pursuant to the provisions of Ministry of Justice Order.
主任審査官は、前項の規定による許可をしたときは、法務省令で定めるところにより、第四十四条の二第七項の監理措置決定通知書にその旨及び当該許可に付された条件を記載するものとする。
If the supervising immigration inspector has granted the permission pursuant to the provisions of paragraph (1), the inspector is to notify the supervisor that the permission has been granted and of the conditions imposed on the permission, pursuant to the provisions of Ministry of Justice Order.
If the person under supervision measures has violated the conditions imposed pursuant to the provisions of paragraph (1), or if the supervising immigration inspector otherwise finds it inappropriate to continue to grant the person under supervision measures the permission pursuant to the provisions of the same paragraph, the inspector may revoke the permission pursuant to the provisions of Ministry of Justice Order.
Article 44-6Notification by Persons under Supervision Measures
第四十四条の六(被監理者による届出)
A person under supervision measures must notify the supervising immigration inspector of the status of compliance with the conditions of supervision measures, the status of activities conducted with the permission pursuant to the provisions of paragraph (1) of the preceding Article, and other particulars provided for by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order.
Article 44-7Transfer of Violation Cases
第四十四条の七(違反事件の引継ぎ)
If a decision to place a suspect under supervision measures has been made pursuant to the provisions of Article 44-2, paragraph (1) or (6) (excluding where the suspect has been handed over pursuant to the provisions of Article 44), an immigration control officer must promptly complete the investigation into violations and transfer the violation case pertaining to the suspect to an immigration inspector, together with the written evidence and evidences.
Article 44-8Loss of Effect of Decisions on Supervision Measures
第四十四条の八(監理措置決定の失効)
A decision on supervision measures ceases to be effective if any of the following items comes to apply. In this case, the supervising immigration inspector must notify the person under supervision measures and the supervisor to that effect:
an immigration inspector has made the findings set forth in Article 47, paragraph (1);
a special inquiry officer has made the determination set forth in Article 48, paragraph (6);
the Minister of Justice has made the decision set forth in Article 49, paragraph (3) (limited to a decision that the objection is within reason on the grounds that the person does not fall under any of the items of Article 24);
the Minister of Justice has granted the permission pursuant to the provisions of Article 50, paragraph (1);
法務大臣が第五十条第一項の規定による許可をしたとき。
a supervising immigration inspector has issued a departure order pursuant to the provisions of Article 55-85, paragraph (1);
主任審査官が第五十五条の八十五第一項の規定による出国命令をしたとき。
a supervising immigration inspector has issued a written deportation order.
主任審査官が退去強制令書を発付したとき。
Article 44-9Inquiry into Facts
第四十四条の九(事実の調査)
If it is necessary in order to make a disposition concerning a decision on supervision measures, the revocation of a decision on supervision measures pursuant to the provisions of Article 44-4, paragraph (1) or (2), the permission pursuant to the provisions of Article 44-5, paragraph (1), or the revocation of the permission pursuant to the provisions of paragraph (4) of the same Article, the supervising immigration inspector may have an immigration inspector or an immigration control officer inquire into the facts.
主任審査官は、監理措置決定、第四十四条の四第一項若しくは第二項の規定による監理措置決定の取消し、第四十四条の五第一項の規定による許可又は同条第四項の規定による許可の取消しに関する処分を行うため必要がある場合には、入国審査官又は入国警備官に事実の調査をさせることができる。
If it is necessary for continuously keeping track of information on a person under supervision measures, the supervising immigration inspector may have an immigration inspector or an immigration control officer inquire into the facts with regard to the particulars that are to be notified pursuant to the provisions of Article 44-3, paragraph (4) or Article 44-6, or the particulars on which a report may be requested pursuant to the provisions of Article 44-3, paragraph (5).
主任審査官は、被監理者に関する情報の継続的な把握のため必要があるときは、第四十四条の三第四項若しくは第四十四条の六の規定により届け出ることとされている事項又は第四十四条の三第五項の規定により報告を求めることができることとされている事項について、入国審査官又は入国警備官に事実の調査をさせることができる。
If it is necessary for the inquiry set forth in the preceding two paragraphs, an immigration inspector or an immigration control officer may request the appearance of persons concerned, ask them questions, or request them to present documents or electronic or magnetic records.
An immigration inspector or an immigration control officer may make inquiries to public offices or public or private organizations and request reports on necessary particulars with regard to the inquiry set forth in paragraphs (1) and (2).
Section 3 Examination, Hearing and Filing of an Objection
第三節 審査、口頭審理及び異議の申出
Article 45Examination by an Immigration Inspector
第四十五条(入国審査官の審査)
If a suspect has been transferred to an immigration inspector pursuant to the provisions of Article 44, or a violation case has been transferred to an immigration inspector pursuant to the provisions of Article 44-7, the immigration inspector must promptly examine whether the suspect falls under the category of a foreign national subject to deportation (a foreign national who falls under any of the items of Article 24 but does not fall under the category of a foreign national subject to a departure order; the same applies hereinafter).
In the event that the immigration inspector has conducted the examination set forth in the preceding paragraph, they must prepare a written evidence thereof.
Article 46Burden of Proof on the Suspect
第四十六条(容疑者の立証責任)
A suspect subject to the examination set forth in the preceding Article who is considered to fall under Article 24, item (i) (except for the part pertaining to Article 3, paragraph (1), item (ii)), or Article 24, item (ii), must themselves give proof to establish that they do not fall under these items.
Article 47Procedures after Examination
第四十七条(審査後の手続)
An immigration inspector must immediately release the suspect if they find that the suspect does not fall under any of the items of Article 24, as a result of an examination, except where the suspect is a person under supervision measures.
If an immigration inspector finds that the suspect falls under the category of a foreign national subject to a departure order, as a result of an examination, the inspector must promptly notify a supervising immigration inspector of that finding. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-85, paragraph (1), the immigration inspector must immediately release the suspect, except where the suspect is a person under supervision measures.
If an immigration inspector finds that the suspect falls under the category of a foreign national subject to deportation as a result of examination, they must promptly notify a supervising immigration inspector and the suspect of their findings in writing, stating the reasons for those findings.
In making the notice pursuant to the provisions of the preceding paragraph, the immigration inspector must notify the suspect that the suspect may request a hearing pursuant to the provisions of the following Article and that the suspect may file an application for the permission pursuant to the provisions of Article 50, paragraph (1).
In the case referred to in paragraph (3), if the suspect has no objection to the findings, the supervising immigration inspector must have the foreign national sign a document with a statement that they will not request a hearing. In this case, if the suspect falls under any of the following items, the supervising immigration inspector must promptly issue a written deportation order pursuant to the provisions of Article 51:
the suspect has signed a document with a statement that they will not file an application for the permission pursuant to the provisions of Article 50, paragraph (1);
第五十条第一項の規定による許可の申請をしない旨を記載した文書に署名したとき。
the suspect has not filed an application for the permission pursuant to the provisions of Article 50, paragraph (1) within 3 days from the day on which they had no objection to the findings set forth in paragraph (3);
the suspect has withdrawn the application for the permission pursuant to the provisions of Article 50, paragraph (1), or has received a disposition not to grant the permission.
第五十条第一項の規定による許可の申請を取り下げ、又は当該許可をしない処分を受けたとき。
第四十八条(口頭審理)
A suspect who has received the notice set forth in paragraph (3) of the preceding Article may orally request a hearing to a special inquiry officer within 3 days from the date of receiving the notice, if they have an objection to the findings set forth in the same paragraph.
If a request has been made for the hearing set forth in the preceding paragraph, an immigration inspector must submit the written evidence set forth in Article 45, paragraph (2) and other pertinent documents to a special inquiry officer.
If a request is made for the hearing set forth in paragraph (1), the special inquiry officer must notify the suspect of the time and place of the hearing and promptly conduct the hearing.
If the special inquiry officer conducts a hearing as set forth in the preceding paragraph, the officer must prepare a written evidence of the hearing.
The provisions of Article 10, paragraphs (3) through (6) apply mutatis mutandis to the hearing proceedings set forth in paragraph (3).
第十条第三項から第六項までの規定は、第三項の口頭審理の手続に準用する。
If a special inquiry officer determines that the findings set forth in paragraph (3) of the preceding Article are different from the facts (limited to cases in which the suspect does not fall under any of the items of Article 24) as a result of the hearing, they must immediately release the suspect, except where the suspect is a person under supervision measures.
If a special inquiry officer determines that the findings set forth in paragraph (3) of the preceding Article are different from the facts (limited to cases in which the suspect falls under the category of a foreign national subject to a departure order) as a result of the hearing, they must promptly notify a supervising immigration inspector to that effect. In this case, if the suspect has been given a departure order pursuant to the provisions of Article 55-85, paragraph (1), the special inquiry officer must immediately release the suspect, except where the suspect is a person under supervision measures.
If a special inquiry officer determines that there is no error in the findings set forth in paragraph (3) of the preceding Article as a result of the hearing, they must promptly notify the supervising immigration inspector and the suspect to that effect, and at the same time inform the suspect that they may file an objection pursuant to the provisions of the following Article and that they may file an application for the permission pursuant to the provisions of Article 50, paragraph (1).
If the suspect, upon receipt of the notice pursuant to the provisions of the preceding paragraph, has no objection to the findings set forth in the same paragraph, the supervising immigration inspector is to have the suspect sign a document containing a statement that they will not file an objection.
The provisions of the second sentence of paragraph (5) of the preceding Article apply mutatis mutandis to the issuance of a written deportation order to a suspect who has no objection to the determination set forth in paragraph (8). In this case, "the findings set forth in paragraph (3)" in item (ii) of paragraph (5) of the same Article is deemed to be replaced with "the determination set forth in paragraph (8) of the following Article".
Article 49Filing of an Objection
第四十九条(異議の申出)
Upon receipt of the notice set forth in paragraph (8) of the preceding Article, if the suspect has an objection to the findings set forth in the same paragraph, they may file an objection with the Minister of Justice by submitting a written statement containing the grounds for dissatisfaction to the supervising immigration inspector in accordance with the procedures provided for by Ministry of Justice Order within 3 days from the date of receipt of the notice.
If an objection as set forth in the preceding paragraph has been filed, a supervising immigration inspector must submit the written evidence of the examination set forth in Article 45, paragraph (2), the written evidence of the hearing set forth in paragraph (4) of the preceding Article, and other pertinent documents to the Minister of Justice.
If the Minister of Justice has received an objection filed pursuant to the provisions of paragraph (1), the Minister must make a decision on whether the objection is within reason and notify a supervising immigration inspector of the decision.
The supervising immigration inspector must immediately release the suspect if they receive a notice of the decision from the Minister of Justice that the objection filed is within reason (limited to cases in which the reason is that the suspect does not fall under any of the items of Article 24), except where the suspect is a person under supervision measures.
If the supervising immigration inspector has received a notice of the decision from the Minister of Justice that the objection is within reason (limited to cases in which the reason is that the suspect falls under the category of a foreign national subject to a departure order), and issued a departure order to the suspect pursuant to the provisions of Article 55-85, paragraph (1), the inspector must immediately release the suspect, except where the suspect is a person under supervision measures.
主任審査官は、法務大臣から異議の申出(容疑者が出国命令対象者に該当することを理由とするものに限る。)が理由があると裁決した旨の通知を受けた場合において、当該容疑者に対し第五十五条の八十五第一項の規定により出国命令をしたときは、その者が被監理者であるときを除き、直ちにその者を放免しなければならない。
If the supervising immigration inspector has received a notice of the decision from the Minister of Justice that the objection is unreasonable, the inspector must promptly notify the suspect to that effect and that the suspect may file an application for the permission pursuant to the provisions of paragraph (1) of the following Article.
The provisions of the second sentence of Article 47, paragraph (5) apply mutatis mutandis to the issuance of a written deportation order to a suspect who has received the notice pursuant to the provisions of the preceding paragraph. In this case, "had no objection to the findings set forth in paragraph (3)" in item (ii) of paragraph (5) of the same Article is deemed to be replaced with "received the notice pursuant to the provisions of Article 49, paragraph (6)".
Section 3-2 Special Permission to Stay
第三節の二 在留特別許可
第五十条
Even if a foreign national falls under the category of a foreign national subject to deportation, the Minister of Justice may, if the foreign national falls under any of the following items, grant the foreign national special permission to stay, upon an application from the foreign national or ex officio, pursuant to the provisions of Ministry of Justice Order; provided, however, that if the foreign national is a person who has been sentenced to imprisonment for life or for a term exceeding 1 year (excluding a person who has been sentenced with the execution of the entire sentence suspended, and a person who has been sentenced with the execution of a part of the sentence suspended and for whom the part of the sentence whose execution was not suspended is 1 year or less), or a person who falls under Article 24, item (iii)-2 or (iii)-3, or item (iv), sub-item (c) or any of sub-items (l) through (o), this applies only if the Minister finds that there are special circumstances in which not permitting the foreign national to stay in Japan would be found to lack humanitarian consideration.
法務大臣は、外国人が退去強制対象者に該当する場合であつても、次の各号のいずれかに該当するときは、当該外国人からの申請により又は職権で、法務省令で定めるところにより、当該外国人の在留を特別に許可することができる。ただし、当該外国人が無期若しくは一年を超える拘禁刑に処せられた者(刑の全部の執行猶予の言渡しを受けた者及び刑の一部の執行猶予の言渡しを受けた者であつてその刑のうち執行が猶予されなかつた部分の期間が一年以下のものを除く。)又は第二十四条第三号の二、第三号の三若しくは第四号ハ若しくはオからヨまでのいずれかに該当する者である場合は、本邦への在留を許可しないことが人道上の配慮に欠けると認められる特別の事情があると認めるときに限る。
the suspect has obtained permission for permanent residence;
永住許可を受けているとき。
the suspect has had a registered domicile in Japan as a Japanese national in the past;
かつて日本国民として本邦に本籍を有したことがあるとき。
the suspect resides in 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在留するものであるとき。
the foreign national has been granted Recognition of Refugee Status as prescribed in Article 61-2, paragraph (1) or recognition as a person eligible for complementary protection as prescribed in paragraph (2) of the same Article;
第六十一条の二第一項に規定する難民の認定又は同条第二項に規定する補完的保護対象者の認定を受けているとき。
the Minister of Justice finds that there are grounds to grant special permission to stay other than those prescribed in the previous items.
その他法務大臣が特別に在留を許可すべき事情があると認めるとき。
An application for the permission pursuant to the provisions of the preceding paragraph (hereinafter referred to as "special permission to stay" in this Article) is to be filed with the Minister of Justice by a foreign national detained under a written detention order or a foreign national who is subject to a decision on supervision measures, in accordance with the procedures provided for by Ministry of Justice Order.
An application for special permission to stay may not be filed after a written deportation order has been issued to the foreign national.
Special permission to stay may be granted only after the foreign national has come to have no objection to the findings set forth in Article 47, paragraph (3) or the determination set forth in Article 48, paragraph (8), or after the Minister of Justice has made a decision that the objection is unreasonable pursuant to the provisions of paragraph (3) of the preceding Article.
In determining whether to grant special permission to stay, the Minister of Justice is to take into consideration, with regard to the foreign national, the reasons for wishing to stay, family relationships, conduct, the circumstances that led to their entry into Japan, the period of their stay in Japan, their legal status during that period, the facts that constituted the grounds for deportation, and the need for humanitarian consideration, as well as the domestic and international situation, the impact on illegal residents in Japan, and other circumstances.
If the Minister of Justice grants special permission to stay, the Minister may determine the status of residence and the period of stay, and impose conditions which the Minister finds necessary, pursuant to the provisions of Ministry of Justice Order.
If the Minister of Justice grants special permission to stay (limited to those related to the determination of the status of residence), the Commissioner of the Immigration Services Agency is to have an immigration inspector issue a residence card to the foreign national, if they become a mid- to long-term resident.
If the Minister of Justice has determined whether to grant special permission to stay, the Minister must notify the supervising immigration inspector of the result.
If the supervising immigration inspector receives a notice from the Minister of Justice that special permission to stay will be granted, the inspector must immediately release the foreign national, except where the foreign national is a person under supervision measures.
If an application for special permission to stay has been filed and the Minister of Justice makes a disposition not to grant special permission to stay, the Minister must promptly notify the foreign national who filed the application to that effect by a document stating the reasons, in accordance with the procedures provided for by Ministry of Justice Order.
Section 4 Enforcement of Written Deportation Order
第四節 退去強制令書の執行
Article 51Format of the Written Deportation Order
第五十一条(退去強制令書の方式)
A written deportation order issued pursuant to the provisions of the second sentence of Article 47, paragraph (5) (including as applied mutatis mutandis pursuant to Article 48, paragraph (10) and Article 49, paragraph (7); hereinafter the same applies in this Article), or issued in accordance with the provisions of the second sentence of Article 47, paragraph (5) in the deportation procedures based on the provisions of Article 63, paragraph (1), is to state the name, age and nationality of the foreign national subject to deportation, the reason for the deportation, the destination, the date of issuance of the deportation order, and other particulars provided by Ministry of Justice Order, and the name and seal of a supervising immigration inspector must be affixed thereto.
Article 52Enforcement of Written Deportation Order
第五十二条(退去強制令書の執行)
A written deportation order is to be enforced by an immigration control officer.
退去強制令書は、入国警備官が執行するものとする。
Upon the request by a supervising immigration inspector who finds it necessary due to shortage of immigration control officers, a police officer or a coast guard officer may enforce a written deportation order.
In enforcing a written deportation order, an immigration control officer (including a police officer or a coast guard officer enforcing a written deportation order pursuant to the provisions of the preceding paragraph; hereinafter the same applies in this Article and Article 55-2, paragraph (5)) must show the written deportation order or its copy to the foreign national subject to deportation and promptly deport the foreign national to the destination provided in Article 53; provided, however, that the immigration control officer is to hand over the foreign national to a carrier if the carrier is to send back the foreign national pursuant to the provisions of Article 59.
In the case referred to in the preceding paragraph, if a person for whom a deportation order was issued seeks to voluntarily depart Japan at their own expense, the director of the immigration detention center or the supervising immigration inspector may permit them to do so based on an application filed by the person. In this case, notwithstanding the entries in the written deportation order or the provisions of Article 53, the director of the immigration detention center or the supervising immigration inspector may decide the destination of the person based on their application.
With regard to a person who has been granted the permission pursuant to the provisions of the preceding paragraph (limited to a person who has never in the past been deported from Japan or departed from Japan under a departure order pursuant to the provisions of Article 55-85, paragraph (1)), if the Minister of Justice finds it appropriate taking into consideration the conduct of the person, the facts that constituted the grounds for deportation and other circumstances, the Minister may, based on an application from the person and only in the case where the person voluntarily departs from Japan based on the permission pursuant to the provisions of the preceding paragraph by the date provided for by Ministry of Justice Order, make a decision that, with regard to the landing of the person in Japan after departure, the period during which the person is to be denied landing on the grounds of having been deported is to be 1 year, except where the person seeks to engage in the activities set forth in the right-hand column corresponding to "Temporary Visitor" in Appended Table I (3).
法務大臣は、前項の規定による許可を受けた者(過去に本邦からの退去を強制されたこと又は第五十五条の八十五第一項の規定による出国命令により出国したことがない者に限る。)に対し、その者の素行、退去強制の理由となつた事実その他の事情を考慮して相当と認めるときは、その者の申請に基づき、法務省令で定める日までに前項の規定による許可に基づいて自ら本邦を退去する場合に限り、その者の退去後の本邦への上陸について、別表第一の三の表の短期滞在の項の下欄に掲げる活動を行おうとする場合を除き、その者が退去を強制されたことを理由として上陸を拒否される期間を一年とする旨の決定をすることができる。
If the Minister of Justice has made the decision set forth in the preceding paragraph, the Minister is to notify the person who has been granted the permission pursuant to the provisions of paragraph (4) to that effect in writing, pursuant to the provisions of Ministry of Justice Order.
In the case referred to in the main clause of paragraph (3), if the immigration control officer cannot immediately send the foreign national to be deported outside Japan, the officer is to notify the supervising immigration inspector to that effect.
The supervising immigration inspector who has received the notice pursuant to the provisions of the preceding paragraph must examine whether to place the person subject to deportation under supervision measures pursuant to the provisions of paragraph (1) of the following Article or to detain the person. In this case, if the supervising immigration inspector has decided to detain the person, the inspector is to notify the immigration control officer that the officer may detain the person in an immigration detention center, etc., or any other place designated by the Commissioner of the Immigration Services Agency or by the supervising immigration inspector entrusted by the Commissioner, until the time deportation becomes possible.
The immigration control officer who has received the notice pursuant to the provisions of the preceding paragraph is to detain the person subject to deportation in an immigration detention center, etc., or any other place designated by the Commissioner of the Immigration Services Agency or by the supervising immigration inspector entrusted by the Commissioner, until the time deportation becomes possible.
In the case where detention has been carried out pursuant to the provisions of the preceding paragraph, or Article 52-4, paragraph (5) or the main clause of paragraph (6), if it becomes clear that the person subject to deportation cannot be deported, the director of the immigration detention center or the supervising immigration inspector may release the person by placing restrictions on the place of residence and scope of activities, an obligation to appear upon receiving summons, as well as imposing other conditions found to be necessary.
入国者収容所長又は主任審査官は、前項又は第五十二条の四第五項若しくは第六項本文の規定による収容をした場合において、退去強制を受ける者を送還することができないことが明らかになつたときは、住居及び行動範囲の制限、呼出しに対する出頭の義務その他必要と認める条件を付して、その者を放免することができる。
In releasing a person pursuant to the provisions of the preceding paragraph, the director of the immigration detention center or the supervising immigration inspector is to issue to the person being released a special release permit stating the conditions imposed pursuant to the provisions of the same paragraph, pursuant to the provisions of Ministry of Justice Order.
If it is necessary in order to deport a person to whom a written deportation order has been issued, the supervising immigration inspector may order the person, setting a reasonable period, to perform an application for the issuance of a passport or any other act provided for by Ministry of Justice Order as an act necessary for deportation.
If necessary, the supervising immigration inspector may extend the period set pursuant to the provisions of the preceding paragraph by setting a reasonable period.
The immigration control officer may make inquiries to public offices or public or private organizations and request reports on necessary information if found necessary for the enforcement of the written deportation order.
入国警備官は、退去強制令書の執行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。
Article 52-2Supervision Measures in Lieu of Detention
第五十二条の二(収容に代わる監理措置)
If the supervising immigration inspector conducting the examination pursuant to the provisions of paragraph (8) of the preceding Article finds it appropriate not to detain a person subject to deportation (excluding a person who is detained or a person who has been granted provisional release) until the time deportation becomes possible, taking into consideration the degree of the risk that the person will flee or engage in illegal work, the degree of the disadvantage the person would suffer from detention, and other circumstances, the inspector is to make a decision to place the person under supervision measures (meaning measures placing a person under supervision by a supervisor prescribed in the following Article; hereinafter the same applies in this Section). In this case, the inspector is to impose on the person to be placed under supervision measures restrictions on the place of residence and scope of activities, an obligation to appear upon receiving summons, and other conditions found necessary to prevent flight and illegal work (hereinafter referred to as "conditions of supervision measures" in this Section).
前条第八項の規定による審査をする主任審査官は、退去強制を受ける者(収容されている者又は仮放免されている者を除く。)が逃亡し、又は不法就労活動をするおそれの程度、収容によりその者が受ける不利益の程度その他の事情を考慮し、送還可能のときまでその者を収容しないことが相当と認めるときは、その者を監理措置(次条に規定する監理人による監理に付する措置をいう。以下この節において同じ。)に付する旨の決定をするものとする。この場合においては、監理措置に付される者に対し、住居及び行動範囲の制限、呼出しに対する出頭の義務その他逃亡及び不法就労活動を防止するために必要と認める条件(以下この節において「監理措置条件」という。)を付するものとする。
In making the decision set forth in the preceding paragraph, if the supervising immigration inspector finds it necessary in order to prevent flight or illegal work by the person to be placed under supervision measures, the inspector may make it a condition that a deposit of an amount provided for by Ministry of Justice Order not exceeding 3 million yen be paid by the deadline provided for by Ministry of Justice Order.
If the supervising immigration inspector has made the decision set forth in paragraph (1), the inspector is to notify the immigration control officer to that effect.
A person subject to deportation (limited to a person who is detained or a person who has been granted provisional release; the same applies in the following paragraph) may request the supervising immigration inspector to place them under supervision measures, pursuant to the provisions of Ministry of Justice Order.
If, upon the request set forth in the preceding paragraph or ex officio, the supervising immigration inspector finds it appropriate to release the person subject to deportation until the time deportation becomes possible, taking into consideration the degree of the risk that the person will flee or engage in illegal work, the degree of the disadvantage the person suffers from detention, and other circumstances, the inspector is to make a decision to release the person and place them under supervision measures. In this case, the inspector is to impose conditions of supervision measures on the person to be placed under supervision measures, and, if the inspector finds it necessary in order to prevent flight or illegal work by the person, may have the person pay a deposit of an amount provided for by Ministry of Justice Order not exceeding 3 million yen.
In making a decision on supervision measures (meaning the decision set forth in paragraph (1) or the preceding paragraph; hereinafter the same applies in this Section), the supervising immigration inspector is to issue, pursuant to the provisions of Ministry of Justice Order, a written notice of the decision on supervision measures stating the conditions imposed with the supervision measures to the person under supervision measures (meaning a person placed under supervision measures; hereinafter the same applies in this Section), and a certified copy thereof to the supervisor, respectively.
The provisions of Article 44-2, paragraph (5) apply mutatis mutandis to the request set forth in paragraph (4), and the provisions of paragraphs (8) and (9) of the same Article apply mutatis mutandis to the decision set forth in paragraph (5), respectively.
第四十四条の二第五項の規定は第四項の請求について、同条第八項及び第九項の規定は第五項の決定について、それぞれ準用する。
With regard to the application of the provisions of Article 70 to a person under supervision measures, while the person under supervision measures is placed under supervision measures pursuant to the provisions of paragraph (1) or paragraph (5), the person under supervision measures is deemed not to fall under a person who remains in Japan or a person who does not depart from Japan as prescribed in items (iii) through (iii)-3, item (v), and items (vii) through (viii)-4 of paragraph (1) of the same Article, and the stay of the person during that period is deemed not to constitute illegally staying as prescribed in paragraph (2) of the same Article.
第五十二条の三(監理人)
A supervisor is to be selected by the supervising immigration inspector making the decision on supervision measures from among persons who understand the responsibilities of a supervisor prescribed in the following paragraph through paragraph (5), who have consented to become the supervisor of the person under supervision measures concerned, and who are found to be suitable in consideration of their ability to perform the duties.
A supervisor is to keep track of the living conditions of the person under supervision measures whom the supervisor supervises, and to provide guidance and oversight to that person under supervision measures, to the extent necessary to ensure the appearance of that person under supervision measures and other compliance with the conditions of supervision measures.
In order to contribute to ensuring the appearance of the person under supervision measures whom the supervisor supervises and other compliance with the conditions of supervision measures, a supervisor is to endeavor to respond to consultations from that person under supervision measures and to provide that person under supervision measures with support for maintaining a residence, necessary information, advice and other assistance.
If a supervisor falls under any of the following items, the supervisor must notify the supervising immigration inspector to that effect and of the particulars provided for by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order:
監理人は、次の各号のいずれかに該当するときは、法務省令で定めるところにより、主任審査官に対し、その旨及び法務省令で定める事項を届け出なければならない。
the supervisor has come to know that the person under supervision measures falls under any of items (ii) through (v) of paragraph (2) of the following Article;
the person under supervision measures has died;
被監理者が死亡したとき。
beyond what is set forth in the preceding two items, the case falls under a case provided for by Ministry of Justice Order as a case in which continuing the supervision measures is impeded.
If it is necessary to ensure the appearance of a person under supervision measures and other compliance with the conditions of supervision measures, the supervising immigration inspector may request the supervisor, pursuant to the provisions of Ministry of Justice Order, to report on the living conditions of the person under supervision measures, the status of compliance with the conditions of supervision measures, and other particulars provided for by Ministry of Justice Order. In this case, the supervisor must make the report pursuant to the provisions of Ministry of Justice Order.
The provisions of Article 44-3, paragraph (6) apply mutatis mutandis to the revocation of the selection of a supervisor, the provisions of paragraph (7) of the same Article apply mutatis mutandis to the resignation of a supervisor, and the provisions of paragraph (8) of the same Article apply mutatis mutandis to assistance to supervisors, respectively.
第四十四条の三第六項の規定は監理人の選定の取消しについて、同条第七項の規定は監理人の辞任について、同条第八項の規定は監理人への援助について、それぞれ準用する。
Article 52-4Revocation of Decisions on Supervision Measures
第五十二条の四(監理措置決定の取消し)
The supervising immigration inspector must revoke a decision on supervision measures pursuant to the provisions of Ministry of Justice Order if the case falls under any of the following items:
in the case where the payment of a deposit has been made a condition pursuant to the provisions of Article 52-2, paragraph (2), the person under supervision measures has not paid the deposit by the deadline provided for by Ministry of Justice Order set forth in the same paragraph;
第五十二条の二第二項の規定により保証金を納付することが条件とされた場合において、被監理者が、同項の法務省令で定める期限までに保証金を納付しなかつたとき。
in the case where the selection of the supervisor has been revoked pursuant to the provisions of Article 44-3, paragraph (6) as applied mutatis mutandis pursuant to paragraph (6) of the preceding Article, the supervisor has resigned or the supervisor has died, there is no person to be newly selected as supervisor for the person under supervision measures.
前条第六項において準用する第四十四条の三第六項の規定により監理人の選定が取り消された場合、監理人が辞任した場合又は監理人が死亡した場合において、被監理者のために新たに監理人として選定される者がいないとき。
The supervising immigration inspector may revoke a decision on supervision measures pursuant to the provisions of Ministry of Justice Order if the person under supervision measures falls under any of the following items:
it has become necessary to detain the person under supervision measures in order to carry out deportation;
送還を実施するために被監理者を収容する必要が生じたとき。
the person under supervision measures has fled, or there are reasonable grounds to suspect that the person under supervision measures will flee;
逃亡し、又は逃亡すると疑うに足りる相当の理由があるとき。
the person under supervision measures has engaged in activities of managing a business involving income or activities for which they receive remuneration, or there are reasonable grounds to suspect that the person under supervision measures will engage in these activities;
収入を伴う事業を運営する活動若しくは報酬を受ける活動を行い、又はこれらの活動を行うと疑うに足りる相当の理由があるとき。
the person under supervision measures has violated the conditions of supervision measures;
監理措置条件に違反したとき。
the person under supervision measures has failed to make the notification pursuant to the provisions of the following Article or has made a false notification.
次条の規定による届出をせず、又は虚偽の届出をしたとき。
If the supervising immigration inspector has revoked a decision on supervision measures pursuant to the provisions of the preceding two paragraphs, the inspector must prepare a written revocation of the decision on supervision measures and deliver it to an immigration control officer together with the written deportation order.
If a deposit has been paid as a condition pursuant to the provisions of Article 52-2, paragraph (2) or (5) and the supervising immigration inspector has revoked the decision on supervision measures pursuant to the provisions of paragraph (2) (excluding where the person under supervision measures fell under item (i) of the same paragraph (excluding where the person under supervision measures fell under any of items (ii) through (v) of the same paragraph)), the inspector is to confiscate the whole or a part of the deposit.
If there is a person whose decision on supervision measures has been revoked, an immigration control officer must show the written revocation of the decision on supervision measures set forth in paragraph (3) and the written deportation order to the person, and detain the person in an immigration detention center, etc., or any other place designated by the Commissioner of the Immigration Services Agency or by the supervising immigration inspector entrusted by the Commissioner.
In urgent cases, an immigration control officer may detain a person whose decision on supervision measures has been revoked by informing the person that the decision on supervision measures has been revoked, even if the officer is not in possession of the written revocation of the decision on supervision measures set forth in paragraph (3) or the written deportation order; provided, however, that the written revocation of the decision on supervision measures and the written deportation order must be shown to the person as soon as possible.
Article 52-5Notification by Persons under Supervision Measures
第五十二条の五(被監理者による届出)
A person under supervision measures must notify the supervising immigration inspector of the status of compliance with the conditions of supervision measures and other particulars provided for by Ministry of Justice Order, pursuant to the provisions of Ministry of Justice Order.
Article 52-6Loss of Effect of Decisions on Supervision Measures
第五十二条の六(監理措置決定の失効)
A decision on supervision measures ceases to be effective if the written deportation order issued to the person under supervision measures ceases to be effective.
Article 52-7Inquiry into Facts
第五十二条の七(事実の調査)
If it is necessary in order to make a disposition concerning a decision on supervision measures or the revocation of a decision on supervision measures pursuant to the provisions of Article 52-4, paragraph (1) or (2), the supervising immigration inspector may have an immigration inspector or an immigration control officer inquire into the facts.
If it is necessary for continuously keeping track of information on a person under supervision measures, the supervising immigration inspector may have an immigration inspector or an immigration control officer inquire into the facts with regard to the particulars that are to be notified pursuant to the provisions of Article 52-3, paragraph (4) or Article 52-5, or the particulars on which a report may be requested pursuant to the provisions of Article 52-3, paragraph (5).
主任審査官は、被監理者に関する情報の継続的な把握のため必要があるときは、第五十二条の三第四項若しくは第五十二条の五の規定により届け出ることとされている事項又は第五十二条の三第五項の規定により報告を求めることができることとされている事項について、入国審査官又は入国警備官に事実の調査をさせることができる。
If it is necessary for the inquiry set forth in the preceding two paragraphs, an immigration inspector or an immigration control officer may request the appearance of persons concerned, ask them questions, or request them to present documents or electronic or magnetic records.
An immigration inspector or an immigration control officer may make inquiries to public offices or public or private organizations and request reports on necessary particulars with regard to the inquiry set forth in paragraphs (1) and (2).
Article 52-8Plan for Departure
第五十二条の八(退去のための計画)
If any of the following items applies, the immigration control officer must, after ascertaining, by hearing the wishes of a person to whom a written deportation order has been issued or by other means, the circumstances that are the cause of being unable to immediately send the person outside Japan, establish a plan for departure:
入国警備官は、次の各号のいずれかに該当するときは、退去強制令書の発付を受けた者の意向の聴取その他の方法により、その者を直ちに本邦外に送還することができない原因となつている事情を把握した上で、退去のための計画を定めなければならない。
the immigration control officer has detained a person to whom a written deportation order has been issued pursuant to the provisions of Article 52, paragraph (9);
退去強制令書の発付を受けた者を第五十二条第九項の規定により収容したとき。
beyond the case set forth in the preceding item, a decision on supervision measures has been made with regard to a person to whom a written deportation order has been issued.
If the period during which a person subject to deportation who is the subject of the plan set forth in the preceding paragraph has been detained following the issuance of a written deportation order reaches 3 months continuously, the immigration control officer must promptly submit the plan to the supervising immigration inspector and report on its progress.
The supervising immigration inspector who has received the submission and report under the provisions of the preceding paragraph must consider whether the decision set forth in Article 52-2, paragraph (5) is necessary, except when the inspector has not released the person subject to deportation because the deposit has not been paid despite having made the decision set forth in that paragraph. In this case, if the supervising immigration inspector does not make the decision set forth in that paragraph, the inspector must report that fact and the reasons therefor to the Commissioner of the Immigration Services Agency.
前項の規定による提出及び報告を受けた主任審査官は、第五十二条の二第五項の決定をしたにもかかわらず保証金が納付されていないため退去強制を受ける者を放免していないときを除き、同項の決定の要否を検討しなければならない。この場合において、主任審査官は、同項の決定をしないときは、その旨及び理由を出入国在留管理庁長官に報告しなければならない。
If the Commissioner of the Immigration Services Agency who has received the report set forth in the preceding paragraph finds it appropriate to release the person and place them under supervision measures, the Commissioner must order the supervising immigration inspector to make the decision set forth in Article 52-2, paragraph (5).
前項の報告を受けた出入国在留管理庁長官は、その者を放免して監理措置に付することが相当と認めるときは、第五十二条の二第五項の決定をすべきことを主任審査官に命じなければならない。
The supervising immigration inspector who has been ordered to make the decision set forth in Article 52-2, paragraph (5) pursuant to the provisions of the preceding paragraph is to promptly make the decision set forth in that paragraph ex officio. In this case, the supervising immigration inspector may, pursuant to the provisions of the second sentence of that paragraph, have the person to be placed under supervision measures pay a deposit.
If the period prescribed in paragraph (2) has continued beyond 3 months, the immigration control officer must promptly report the progress of the plan set forth in paragraph (1) to the supervising immigration inspector each time a further 3 months of that continuing period elapse. In this case, the provisions of the preceding three paragraphs apply mutatis mutandis.
Article 53Deportation Destinations
第五十三条(送還先)
A person subject to deportation is to be sent to a country of which they are a national or citizen.
退去強制を受ける者は、その者の国籍又は市民権の属する国に送還されるものとする。
If the person cannot be deported to the relevant country as set forth in the preceding paragraph, that person is to be deported to any of the following countries pursuant to their wishes:
前項の国に送還することができないときは、本人の希望により、左に掲げる国のいずれかに送還されるものとする。
the country in which they had been residing immediately before entering Japan;
本邦に入国する直前に居住していた国
the country in which they have resided before entering Japan;
本邦に入国する前に居住していたことのある国
the country of the port or airport where they boarded the vessel or aircraft to depart for Japan;
本邦に向けて船舶等に乗つた港の属する国
the country where their place of birth is located;
出生地の属する国
the country to which their birthplace belonged at the time of their birth; or
出生時にその出生地の属していた国
any other country.
その他の国
The countries set forth in the preceding two paragraphs are not to include any of the following countries:
前二項の国には、次に掲げる国を含まないものとする。
territories of countries prescribed in the Refugee Convention, Article 33, paragraph (1), or other countries to which territories where the person is likely to be persecuted belong (except for cases in which the Minister of Justice finds it significantly detrimental to the interests and public security of Japan);
countries prescribed in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 3, paragraph (1); or
拷問及び他の残虐な、非人道的な又は品位を傷つける取扱い又は刑罰に関する条約第三条第一項に規定する国
countries prescribed in the International Convention for the Protection of All Persons from Enforced Disappearances, Article 16, paragraph (1).
強制失踪からのすべての者の保護に関する国際条約第十六条第一項に規定する国
Section 5 Provisional Release
第五節 仮放免
第五十四条(仮放免)
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.
Article 55Revocation of Provisional Release, etc.
第五十五条(仮放免の取消し等)
The director of the immigration detention center or the supervising immigration inspector may revoke the provisional release if the foreign national accorded provisional release has fled, there are reasonable grounds to suspect that the foreign national will attempt to flee, the foreign national fails to comply with an order to appear upon receiving summons without legitimate grounds, or has violated any of other conditions attached to the provisional release.
入国者収容所長又は主任審査官は、仮放免された者が逃亡し、逃亡すると疑うに足りる相当の理由があり、正当な理由がなくて呼出しに応ぜず、その他仮放免に付された条件に違反したときは、仮放免を取り消すことができる。
If the director of the immigration detention center or the supervising immigration inspector has revoked the provisional release pursuant to the provisions of the preceding paragraph, they must prepare a written revocation of provisional release and deliver it to an immigration control officer with the written detention order or with the deportation order attached.
If the provisional release of a person has been revoked, an immigration control officer must show a written revocation of the provisional release and a detention order or a deportation order to the person and detain them at an immigration detention center, etc. or any other place designated by the Commissioner of the Immigration Services Agency or the supervising immigration inspector entrusted by the Commissioner.
An immigration control officer may, in cases of emergency, detain a person whose provisional release has been revoked without a written revocation of the provisional release and a detention order or a deportation order by informing them that the provisional release has been revoked; provided, however, that a written revocation of the provisional release and a detention order or a deportation order must be shown to the person as soon as possible.
入国警備官は、仮放免取消書及び収容令書又は退去強制令書を所持しない場合でも、急速を要するときは、仮放免を取り消された者に対しその旨を告げて、その者を収容することができる。ただし、仮放免取消書及び収容令書又は退去強制令書は、できるだけ速やかに示さなければならない。
The provisions of the preceding two paragraphs apply mutatis mutandis if there is a person whose period of provisional release has expired. In this case, the term "written revocation of the provisional release" in those provisions is deemed to be replaced with "certified copy of the written permission for provisional release".
前二項の規定は、仮放免の期間が満了した者がある場合について準用する。この場合において、これらの規定中「仮放免取消書」とあるのは、「仮放免許可書の謄本」と読み替えるものとする。
Section 6 Order to Depart
第六節 退去の命令
第五十五条の二
If it is difficult to send a person subject to deportation to the deportation destination prescribed in Article 53 due to any of the grounds set forth in the following items, the supervising immigration inspector may, when finding it appropriate, order the person to depart from Japan within a reasonable period set by the inspector. In this case, the inspector must hear the opinion of the person in advance.
in the case where the person has expressed that they have no intention of departing from Japan voluntarily, the deportation destination of the person prescribed in Article 53 is not included in the countries designated by the Minister of Justice by public notice as countries other than those that do not cooperate in the smooth enforcement of deportation orders;
その者が自ら本邦を退去する意思がない旨を表明している場合において、その者の第五十三条に規定する送還先が退去強制令書の円滑な執行に協力しない国以外の国として法務大臣が告示で定める国に含まれていないこと。
the person has obstructed deportation by using fraud or force in the past and is likely to engage in similar conduct again upon deportation.
その者が偽計又は威力を用いて送還を妨害したことがあり、再び送還に際して同様の行為に及ぶおそれがあること。
If a person who has received an order under the provisions of the preceding paragraph comes to fall under any of the grounds set forth in the following items, the order is to be suspended in its effect until the person no longer falls under the ground.
前項の規定による命令を受けた者が次の各号に掲げる事由のいずれかに該当するに至つたときは、当該事由に該当しなくなるまでの間、当該命令は、効力を停止するものとする。
deportation has been suspended pursuant to the provisions of Article 61-2-9, paragraph (3);
第六十一条の二の九第三項の規定により送還が停止されたこと。
a lawsuit concerning the validity of the deportation disposition is pending and a decision to stay execution has been made pursuant to the provisions of the Administrative Case Litigation Act (Act No. 139 of 1962); or
退去強制の処分の効力に関する訴訟が係属し、かつ、行政事件訴訟法(昭和三十七年法律第百三十九号)の規定による執行停止の決定がされたこと。
the person has become subject to a departure restriction.
出国の制限を受けたこと。
When ordering a person to depart from Japan pursuant to the provisions of paragraph (1), the supervising immigration inspector must deliver a document stating the reasons and the period set forth in that paragraph.
The supervising immigration inspector may, if necessary, extend the period set forth in paragraph (1) by setting a reasonable period.
An order under the provisions of paragraph (1) does not preclude an immigration control officer from deporting a person who has been issued a deportation order pursuant to the provisions of Article 52, paragraph (3) within the period set forth in that paragraph (including, if the period has been extended pursuant to the provisions of the preceding paragraph, the extended period).
A person made to depart from Japan by an order under the provisions of paragraph (1) is deemed to have been deported under a deportation order for the purpose of applying the provisions of this Act.
第一項の規定による命令により本邦から退去させられた者は、この法律の規定の適用については、退去強制令書により退去を強制されたものとみなす。