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 of deportation, 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 of deportation 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 deportation 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。