How Does Japan's Refugee Status Determination Process Work, and What Role Can Businesses Play in Supporting Refugees?

Japanese Attorney at Law - Bengoshi L.L.

• 8 min read

The global refugee crisis continues to be one of the most pressing humanitarian challenges of our time. Millions are forcibly displaced from their homes due to persecution, conflict, and violence. International law, primarily through the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, provides a framework for their protection. Japan, as a signatory to these instruments, has established a domestic system for determining refugee status and offering protection. This article outlines the workings of Japan's refugee status determination (RSD) process and explores the increasingly recognized and vital role that businesses can play in supporting refugees.

At the heart of international refugee law is the 1951 Convention relating to the Status of Refugees and its 1967 Protocol (which removed the original Convention's geographical and temporal limitations). Key elements include:

  • Definition of a Refugee: Article 1A(2) of the 1951 Convention defines a refugee as a person who, "owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."
  • The Principle of Non-Refoulement: This is a cornerstone of refugee protection, enshrined in Article 33 of the Convention. It prohibits States from expelling or returning ("refouler") a refugee in any manner whatsoever to the frontiers of territories where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group, or political opinion. This principle is widely considered to be part of customary international law and is non-derogable.
  • Rights of Recognized Refugees: The Convention stipulates various rights for recognized refugees, including non-discrimination, freedom of religion, access to courts, the right to work, access to housing, education, public relief and assistance, and the issuance of identity papers and travel documents.

Japan's Refugee Status Determination (RSD) System

Japan acceded to the 1951 Refugee Convention in 1981 and the 1967 Protocol in 1982. These international obligations were incorporated into its domestic legal framework primarily through amendments to the Immigration Control and Refugee Recognition Act (ICRRA), often referred to as the "Nyūkan-hō" (入管法).

The Application and Examination Process

  1. Responsible Authority: The Immigration Services Agency (ISA) of Japan, an external agency of the Ministry of Justice, is responsible for all aspects of immigration control, including the examination and determination of refugee status.
  2. Submitting an Application: Individuals seeking refugee status in Japan can apply at regional immigration services bureaus or upon arrival at a port of entry. The application typically involves submitting a written statement detailing the grounds for their fear of persecution, along with supporting evidence.
  3. Initial Interviews and Investigation: After an application is lodged, Refugee Inquiry Officers (nanmin shinsain) conduct interviews with the applicant to gather detailed information about their claims. They also undertake necessary investigations, which may include researching country of origin information.
  4. Ministerial Decision: Based on the findings of the Refugee Inquiry Officers, the Minister of Justice (with authority often delegated to the directors of regional immigration services bureaus) makes an initial decision on whether to grant refugee status.

The Appeal Process

  1. Filing an Objection: If an application for refugee status is denied, the applicant has the right to file an objection (appeal) with the Minister of Justice within a specified period.
  2. Role of Refugee Examination Counselors: A significant feature of the appeal process, introduced through a 2004 revision to the ICRRA, is the involvement of Refugee Examination Counselors (nanmin shinsa-yō san'yoin). These are independent experts appointed from the private sector (often lawyers, academics, or NGO members with expertise in human rights or refugee issues). While they do not make the final decision, they interview the appellant, review the case, and provide written opinions to the Minister of Justice. This system was intended to enhance the fairness and transparency of the appeal process.
  3. Final Administrative Decision: The Minister of Justice makes a final decision on the appeal, taking into account the opinions of the Refugee Examination Counselors.
  4. Judicial Review: If the appeal is also rejected, the applicant may seek judicial review of the administrative decision by filing a lawsuit with the Japanese courts.

Historical Context: The "60-Day Rule"

It is worth noting that prior to the 2004 revisions of the ICRRA, Japan had a "60-day rule," which required asylum seekers to apply for refugee status within 60 days of their arrival in Japan or within 60 days of becoming aware of the circumstances that led them to fear persecution. This rule was heavily criticized by UNHCR and NGOs as being overly restrictive and impractical for many asylum seekers, who might be traumatized, uninformed, or face language barriers upon arrival. The abolition of this rule was a positive step towards improving access to the asylum procedure.

Challenges in Japan's RSD System

Despite these procedures, Japan's refugee protection system has faced persistent criticism, primarily concerning:

  • Low Recognition Rates: Japan has historically recognized a very small number of applicants as Convention refugees compared to other industrialized nations. For many years, the annual number of recognized refugees was in the dozens, though there have been some fluctuations.
  • Lengthy Processing Times: Both the initial application and the appeal process can be protracted, sometimes taking several years. This prolonged uncertainty significantly impacts the lives of asylum seekers.
  • Conditions for Asylum Seekers: During the RSD process, asylum seekers often face difficulties. Access to work permits can be restricted or delayed, and social assistance is limited, leading to precarious living conditions for many.
  • Detention of Asylum Seekers: Japan has also faced criticism for its policy of detaining asylum seekers, sometimes for extended periods, particularly those who arrive without valid visas or whose applications are rejected.

Complementary Forms of Protection and UNHCR's Role

Special Permission to Stay on Humanitarian Grounds

Even if an individual is not recognized as a Convention refugee, the Minister of Justice has the discretion to grant Special Permission to Stay (zairyū tokubetsu kyoka) on humanitarian grounds. This is a separate ad hoc measure, and the criteria for granting it are not explicitly defined in law, though factors such as family ties in Japan, health conditions, or the situation in the country of origin may be considered. Many individuals who are not granted refugee status but cannot safely return to their home countries ultimately receive this form of permission.

Japan's Third-Country Resettlement Program

In a significant policy development, Japan launched a pilot program in 2010 to resettle refugees residing in camps in third countries. Initially, this program focused on Myanmarese refugees from camps in Thailand. While the numbers have been modest, this initiative marked Japan's entry into the international effort of refugee resettlement, offering a durable solution for a limited number of vulnerable refugees. The program has since been extended and expanded to include other groups.

The Role of UNHCR Japan

The Office of the United Nations High Commissioner for Refugees (UNHCR) has a representation office in Japan. UNHCR Japan works closely with the Japanese government, legal professionals, NGOs, and civil society to:

  • Promote adherence to international refugee protection standards.
  • Provide legal and technical advice on refugee law and policy.
  • Conduct training and capacity-building for officials and lawyers.
  • Raise public awareness about refugee issues.
  • Offer assistance and counseling to asylum seekers and refugees where appropriate.
    UNHCR also plays a role in identifying "mandate refugees"—those recognized by UNHCR under its mandate—who may require protection even if not formally recognized by a host state.

The Crucial Role of Businesses in Supporting Refugees in Japan

While the primary responsibility for refugee protection lies with states, the private sector has an increasingly recognized and vital role to play in supporting the integration and well-being of refugees. This aligns with broader corporate social responsibility (CSR) principles and can bring tangible benefits to both refugees and businesses.

1. Employment and Economic Integration

  • Providing Job Opportunities: Recognized refugees in Japan have the legal right to work. Businesses can offer employment, leveraging the diverse skills, experiences, and strong work ethic that many refugees possess. This is perhaps the most impactful way businesses can contribute to refugee self-reliance and integration.
  • Addressing Employment Barriers: Companies can implement supportive measures to help refugees overcome common employment barriers, such as:
    • Offering Japanese language training and workplace communication support.
    • Providing vocational training or on-the-job training to adapt existing skills or develop new ones.
    • Establishing mentorship programs to help with workplace acculturation.
    • Adopting inclusive and non-discriminatory hiring practices, and being flexible in recognizing foreign qualifications and work experience.
  • Internships and Apprenticeships: Offering internships or apprenticeships can provide refugees with valuable Japanese work experience and a pathway to permanent employment.

2. Skills Development and Capacity Building

  • Partnerships for Training: Collaborating with educational institutions or NGOs to offer tailored vocational training programs that meet market demands and refugee skill sets.
  • Entrepreneurship Support: For refugees with entrepreneurial aspirations, businesses could offer mentorship, access to micro-finance (where feasible), or business development support.

3. Supply Chain Responsibility and Ethical Sourcing

  • For companies with global supply chains, particularly those sourcing from conflict-affected or refugee-hosting regions, it is crucial to conduct due diligence to ensure that their operations are not inadvertently supporting entities that exploit refugees or asylum seekers, or contributing to conditions that cause displacement.

4. Collaboration and Support for Refugee-Assisting NGOs

  • Financial and In-Kind Support: Businesses can provide financial contributions or in-kind donations (e.g., goods, services, office space) to NGOs and NPOs that are on the front lines of providing legal aid, social services, language training, housing assistance, and integration support to refugees and asylum seekers in Japan.
  • Employee Volunteer Programs: Encouraging and facilitating employee volunteerism with refugee support organizations can provide valuable human resources and foster a sense of corporate engagement.

5. Advocacy and Awareness-Raising

  • Businesses can use their platforms and influence to advocate for more inclusive policies towards refugees and to help raise public awareness about the contributions refugees can make to Japanese society.
  • Participating in or sponsoring events that promote cultural understanding and combat xenophobia.

6. Creating Inclusive Workplaces

  • Fostering a diverse and inclusive corporate culture where employees from all backgrounds, including refugees, feel welcomed, respected, and valued. This includes providing cross-cultural training for existing staff.

7. Pro Bono Services

  • Law firms and legal professionals can offer pro bono legal services to asylum seekers who often struggle to navigate the complex RSD procedures without adequate legal representation.
  • Other professional service firms (e.g., accounting, consulting, IT) can also offer their expertise on a pro bono basis to refugee support organizations or refugee-led initiatives.

Benefits for Businesses Engaging in Refugee Support

Supporting refugees is not solely an act of philanthropy; it can also yield tangible benefits for businesses:

  • Access to a Motivated and Diverse Talent Pool: Refugees are often highly motivated individuals who can bring unique skills, international perspectives, and resilience to the workforce.
  • Enhanced Corporate Reputation and Brand Image: Demonstrating a commitment to human rights and social inclusion through concrete actions can significantly enhance a company's CSR profile, attracting socially conscious consumers, investors, and partners.
  • Improved Employee Engagement and Loyalty: Meaningful engagement in social causes, including refugee support, can boost employee morale, pride, and loyalty to the company.
  • Innovation and New Market Insights: A diverse workforce, including refugees, can bring fresh perspectives and insights, fostering innovation and helping companies better understand diverse markets.
  • Strengthened Community Relations: Active participation in supporting vulnerable members of society can strengthen a company's ties with local communities and stakeholders.
  • Long-Term Contribution to Social Stability: By helping refugees achieve self-sufficiency and integrate into society, businesses contribute to broader social cohesion and stability.

Conclusion

Japan's refugee status determination system, based on its international commitments under the 1951 Refugee Convention, provides a legal avenue for individuals fleeing persecution to seek protection. While the system faces ongoing challenges, including low recognition rates and lengthy procedures, it also incorporates mechanisms for appeal and humanitarian consideration. Complementary efforts like the third-country resettlement program represent positive, albeit modest, steps.

Beyond state actions, the business community has a profound and increasingly recognized potential to make a positive difference in the lives of refugees in Japan. Through employment, training, partnerships, and advocacy, companies can not only fulfill their social responsibilities but also tap into new talent, enhance their reputations, and contribute to a more inclusive and resilient society. As Japan continues to navigate the complexities of an aging population and the need for a more diverse workforce, embracing the potential of refugees can be a pathway to mutual benefit.