Hello, everyone, this is Shimoyama of IMS Legal Professional Corporation. We are now in the third state of emergency due to COVID-19. Unfortunately, it seems like we will have to refrain from going out and stay home instead during the upcoming Golden Week holidays. As reported in the media, the proposed amendment to the Immigration Control and Refugee Recognition Act was deliberated in the plenary session of the House of Representatives on April 16th. The main points of the amendment are as follows.
(1) Properly determine whether or not a foreigner should be allowed to stay in Japan
Make the procedures for special permission for residence more appropriate
- Establish application procedures for special permission for residence
- Clearly state in the law which circumstances that should be taken into consideration when deciding whether to grant special permission
- Notify reasons for denial of special permission
Establish procedures to protect foreign nationals who should be protected in the same manner as refugees
- Establish procedures to allow foreign nationals -- who are not refugees under the Refugee Convention, but who should be protected in the same way as refugees -- to stay in Japan as "persons subject to supplementary protection"
(2) Prompt repatriation of foreigners who are not allowed to stay in Japan
Create exceptions which will suspend repatriation during refugee status procedures
- Revise the current Immigration Control and Refugee Recognition Act, which uniformly suspends repatriation regardless of the number of times or reasons for applying for refugee status, even for those who have committed serious crimes or are terrorists
- Allow foreign nationals who meet certain requirements to be deported from Japan, even during refugee status procedures
Newly established system to take action against foreign nationals who refuse to leave the country
- Among foreigners who refuse to leave Japan, only those who meet certain requirements that make repatriation difficult will be ordered to leave Japan by a set deadline or to take necessary actions for repatriation, such as applying for the issuance of a passport; punishment will follow if they violate the order
Take measures to encourage foreign nationals who should be deported to leave the country voluntarily
- For those foreigners who should be deported and who meet certain requirements, the period of time until they can re-enter Japan after their deportation (ban to enter Japan) will be shortened
(3) Elimination of long-term incarceration and implementation of appropriate treatment
Establish a new system of custodial measures as an alternative to incarceration
- Revise the current Immigration Control and Refugee Recognition Act, which in principle requires detainees to be held in immigration detention facilities
- Establish "supervisory measures" that allow detainees to live in the community for a considerable period of time without being detained, in order to prevent escape by placing them under the supervision of a supervisor
Review current requirements for parole
- With the establishment of the supervisory measures, provisional release will be granted when there is a need to temporarily release the detainees for health, humanitarian or other reasons
Take measures to implement more appropriate treatment in detention facilities
- Provide for matters that are considered appropriate to be stipulated by law, such as those related to the rights and duties of incarcerated foreigners
For more information on the revision of the Immigration Control Act, please visit the Immigration and Refugee Management Agency website below. (Currently Japanese only)
http://www.moj.go.jp/isa/laws/bill/05_00003.html
We will be watching closely for further developments.
For more information, please contact us below ↓
https://imsvisa.support/en/contact/
