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 paragraph (5), item (ii) of the same Article is deemed to be replaced with "the determination set forth in paragraph (8) of the following Article".
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immigration inspector
「入国審査官」
The immigration official provided for in Article 61-3, who examines people landing in Japan and cases for deportation, among other duties.
Defined inArticle 2, paragraph (1), item (x)· applies throughout the law
supervising immigration inspector
「主任審査官」
A senior immigration inspector designated by the Commissioner of the Immigration Services Agency.
Defined inArticle 2, paragraph (1), item (xi)· applies throughout the law
special inquiry officer
「特別審理官」
An immigration inspector designated by the Commissioner of the Immigration Services Agency to hold oral hearings.
Defined inArticle 2, paragraph (1), item (xii)· applies throughout the law
foreign national subject to a departure ordermachine translation
「出国命令対象者」
A foreign national who has overstayed or falls under certain other grounds for deportation, but who came forward intending to leave promptly and meets the other conditions of Article 24-3, and is therefore ordered to depart instead of being deported.
Short name set inArticle 24-3, paragraph (1)
suspect
「容疑者」
A foreign national whom an immigration control officer believes falls under one of the grounds for deportation in Article 24, and who may therefore be investigated.
Short name set inArticle 27, paragraph (1)
person under supervision measuresmachine translation
「被監理者」
A foreign national placed under supervision measures, living outside detention under the oversight of a supervisor (監理人).
Defined inArticle 44-2, paragraph (7)· applies from here on, except in Chapter 5, Section 4