A person who is dissatisfied with a determination on a request for examination may file a request for re-examination in writing with the Minister of Justice.
審査の申請の裁決に不服がある者は、書面で、法務大臣に対し、再審査の申請をすることができる。
A request for re-examination under the provisions of the preceding paragraph (hereinafter simply referred to as a "request for re-examination" in this Section) must be filed within 30 days from the day following the day on which notice of the determination on the request for examination was given.
The provisions of Article 55-68, paragraph (2), Article 55-69, paragraph (2), Article 55-71 and paragraph (1) of the preceding Article, and Article 15, Article 18, paragraph (3), Article 19, paragraphs (2) and (4), Article 23, Article 25, paragraphs (1), (2) and (6), Article 26, Article 27, Article 39, the main clause of Article 46, paragraph (1) and paragraph (2) (excluding item (ii)), Article 47 (excluding the proviso and item (ii)), Article 48, Article 50, paragraph (1), Article 51, Article 52, paragraphs (1) and (2), Article 62, paragraph (2) and Article 64, paragraphs (1) through (3) of the Administrative Complaint Review Act apply mutatis mutandis to a request for re-examination. In this case, "upon petition by the requestor for review or ex officio" in Article 25, paragraph (2) of the same Act is deemed to be replaced with "ex officio", and "Order of the Ministry of Internal Affairs and Communications" in Article 51, paragraph (3) of the same Act is deemed to be replaced with "Ministry of Justice Order", and any other necessary technical replacement of terms is provided for by Cabinet Order.
第五十五条の六十八第二項、第五十五条の六十九第二項、第五十五条の七十一及び前条第一項並びに行政不服審査法第十五条、第十八条第三項、第十九条第二項及び第四項、第二十三条、第二十五条第一項、第二項及び第六項、第二十六条、第二十七条、第三十九条、第四十六条第一項本文及び第二項（第二号を除く。）、第四十七条（ただし書及び第二号を除く。）、第四十八条、第五十条第一項、第五十一条、第五十二条第一項及び第二項、第六十二条第二項並びに第六十四条第一項から第三項までの規定は、再審査の申請について準用する。この場合において、同法第二十五条第二項中「審査請求人の申立てにより又は職権で」とあるのは「職権で」と、同法第五十一条第三項中「総務省令」とあるのは「法務省令」と読み替えるものとするほか、必要な技術的読替えは、政令で定める。
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request for examinationmachine translation
「審査の申請」
A detainee's written request to the Commissioner of the Immigration Services Agency to review certain measures taken by the director of the detention facility, such as refusing medical treatment or stopping letters.
Short name set inArticle 55-68, paragraph (2)· applies only in this section
request for re-examinationmachine translation
「再審査の申請」
A detainee's written request to the Minister of Justice to re-examine the Commissioner's decision on their request for review of a detention facility director's measure.
Short name set inArticle 55-73, paragraph (2)· applies only in this section
request for review
審査請求
A request to an administrative agency (行政庁) to review a disposition (処分) the person objects to, or, where the person applied for a disposition under a law or regulation and a reasonable time has passed with none made, the agency's failure to act (不作為) (Administrative Complaint Review Act, Articles 2 and 3). Unless an Act, or for a disposition based on a local ordinance (条例) that ordinance, provides otherwise, it is made to the agency that made the disposition or failed to act where that agency has no superior agency or is itself the competent minister (主任の大臣) or the head of certain agencies; where such a minister or head is the agency above it, to that minister or head; and otherwise to its highest superior agency (Article 4). Another Act can set rules of its own for it, naming another body to make it to or another route (Article 1, paragraph (2); Article 4): the Employees' Pension Insurance Act, for instance, has a request about a disposition (処分) of the Minister of Health, Labour and Welfare (厚生労働大臣) on a person's status as insured, standard remuneration or insurance benefits, other than a decision on a request to correct the pension insurance register, made to a social insurance examiner (社会保険審査官), and disapplies most of the Administrative Complaint Review Act's rules for it (Employees' Pension Insurance Act, Articles 90, paragraph (1), and 91-2). Under the Administrative Complaint Review Act, a request about a disposition must be made within three months of the day after the person learned of it — or one month after learning of the decision, where a request for re-investigation (再調査の請求) was made first — and within a year of the disposition or that decision, unless there is a justifiable reason (Administrative Complaint Review Act, Article 18, paragraphs (1) and (2)). Making one does not by itself stop the disposition taking effect or being carried out, or the proceedings going on (Article 25, paragraph (1)), but the agency reviewing it can suspend them in whole or in part on the application of the person who made the request — and, where it made the disposition or is the agency above the one that did, of its own motion — and, once the person who made the request has applied, must where that is urgently needed to avoid serious harm, unless that would seriously affect the public welfare or the request appears to have no grounds (Article 25, paragraphs (2) to (4)). The agency reviewing it (審査庁) decides it by a determination (裁決): it dismisses a request that is unlawful, for instance one made too late, rejects one that is groundless, and, where one is well founded, revokes the disposition in whole or in part or changes it — though never to the disadvantage of the person who made the request, and an agency that neither made the disposition nor is above the agency that did cannot change it (Articles 45, paragraphs (1) and (2), 46, paragraph (1), and 48). Where the request is about a de facto act (事実上の行為), the determination instead declares the act unlawful or unjust and orders it abolished in whole or in part or changed, or abolishes or changes it (Article 47). A well-founded request about a failure to act ends instead in a determination declaring the failure unlawful or unjust, and, where the agency finds a disposition should be made, an order to make it or the disposition itself (Article 49, paragraph (3)). Where revoking an unlawful or unjust disposition, or abolishing an unlawful or unjust de facto act, would seriously harm the public interest, the agency can reject the request while declaring in the determination that it is unlawful or unjust (Article 45, paragraph (3)). The determination takes effect when it is served on the person who made the request — or, where someone other than the disposition's addressee made it and the determination revokes or changes the disposition or deals with a de facto act, once it is served on the addressee too — and binds the agencies concerned (Articles 51, paragraph (1), and 52, paragraph (1)).
Written by AI using Administrative Complaint Review Act, Arts. 1 to 4, 18, 25, 45 to 49, 51, 52 and Employees' Pension Insurance Act, Arts. 90, 91-2 as a reference.