Q: Under What Conditions Can a Foreign National Be Denied Entry to Japan Due to Health Reasons?

Japanese Attorney at Law - Bengoshi L.L.

• 7 min read

Japan's Immigration Control and Refugee Recognition Act (ICRRA) includes provisions that allow for the denial of landing to foreign nationals based on specific health-related grounds. These measures are primarily aimed at protecting public health within Japan, preventing the spread of serious infectious diseases, and ensuring that individuals entering the country are not likely to impose an undue burden on its public welfare systems due to certain conditions. This article examines the two main health-related grounds for denial of landing stipulated in Article 5, Paragraph 1, Items 1 and 2 of the ICRRA: those concerning infectious diseases and certain mental disorders.

Denial of Landing Due to Infectious Diseases (Article 5, Paragraph 1, Item 1)

The primary public health safeguard in Japan's immigration law concerning entry is Article 5, Paragraph 1, Item 1. This provision states that a foreign national who falls under any of the following categories shall not be permitted to land in Japan:

  • A patient of a Category I Infectious Disease, Category II Infectious Disease, Novel Influenza Infection, etc., or Designated Infectious Disease (limited to those to whom the provisions of Article 19 or 20 of the Act on the Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases (hereinafter "Infectious Diseases Control Law") are applied mutatis mutandis pursuant to the provisions of a Cabinet Order under Article 7 of the same Act) as defined in the Infectious Diseases Control Law.
  • A person deemed to be a patient of a Category I Infectious Disease, Category II Infectious Disease, Novel Influenza Infection, etc., or Designated Infectious Disease pursuant to the provisions of Article 8 of the Infectious Diseases Control Law (including cases where applied mutatis mutandis pursuant to Article 7 of the same Act).
  • A person who has symptoms of a New Infectious Disease.

Scope of Applicable Infectious Diseases

The ICRRA cross-references the Infectious Diseases Control Law (Act No. 114 of 1998) for the classification of diseases that trigger this ground for denial. Understanding these classifications is key:

  1. Category I Infectious Diseases: These are the most dangerous infectious diseases with extremely high transmissibility and mortality rates, such as Ebola virus disease, plague, smallpox, etc.
  2. Category II Infectious Diseases: These are serious infectious diseases with high transmissibility, including diseases like tuberculosis, SARS (Severe Acute Respiratory Syndrome), and MERS (Middle East Respiratory Syndrome).
  3. Novel Influenza Infection, etc. (新型インフルエンザ等感染症 - Shingata Infuruenza tō Kansenshō): This category includes novel influenza, re-emerging influenza, and similar infections that have the potential to cause nationwide and rapid spread, posing a significant threat to public health and life. This category was added to the ICRRA reflecting lessons from global pandemics.
  4. Designated Infectious Diseases (指定感染症 - Shitei Kansenshō): These are known infectious diseases (not Category I, II, or Novel Influenza) that have the potential to cause nationwide and rapid spread, requiring special public health measures. The key limitation here is that for denial of landing, the provisions of Article 19 (Restrictions on Work) or Article 20 (Hospitalization) of the Infectious Diseases Control Law must be applicable to the specific Designated Infectious Disease through a Cabinet Order. This means not all Designated Infectious Diseases automatically lead to entry denial, only those deemed serious enough to warrant such restrictive measures.
  5. New Infectious Diseases (新感染症 - Shin Kansenshō): This refers to diseases caused by pathogens hitherto unknown, which are recognized as having transmissibility and a severity comparable to or greater than Category I Infectious Diseases. A person merely exhibiting "symptoms" of such a disease can be denied entry, reflecting a precautionary approach to novel threats.

The provision also explicitly includes individuals who are "deemed to be patients" under Article 8 of the Infectious Diseases Control Law. This article allows authorities to treat individuals suspected of being infected (e.g., close contacts of confirmed patients who are symptomatic) as patients for public health intervention purposes, even before a definitive diagnosis.

Legislative History and Purpose

The legislative history of this item reflects evolving public health concerns and medical understanding. Initially, the provision referenced older laws like the Communicable Disease Prevention Act and the Leprosy Prevention Act. Significant revisions occurred with the enactment of the Infectious Diseases Control Law in 1998 and subsequent amendments, particularly to address emerging threats like novel influenza strains. The abolition of the Leprosy Prevention Act and the removal of leprosy as an explicit ground for denial also marked a shift towards a more rights-conscious approach, focusing on diseases that pose a current and significant public health risk.

The overarching purpose of this ground for denial is to prevent the introduction and spread of serious communicable diseases within Japan, thereby safeguarding the health of the resident population.

Medical Examination and Certification

Crucially, a determination that a foreign national falls under Article 5, Paragraph 1, Item 1 (infectious diseases) must be made after a medical diagnosis by a physician designated by either the Minister of Health, Labour and Welfare or the Minister of Justice (ICRRA, Article 9, Paragraph 2). This ensures that denials are based on proper medical assessment rather than mere suspicion by immigration officers.

Denial of Landing Due to Mental Disorders (Article 5, Paragraph 1, Item 2)

Article 5, Paragraph 1, Item 2 provides another health-related ground for denying entry, pertaining to certain mental disorders. It stipulates that a foreign national who is:
"a person who, due to a mental disorder, permanently lacks the capacity to discern right from wrong, or whose capacity to discern right from wrong is markedly insufficient, and who is not accompanied by such a person to assist him/her in his/her activities or conduct in Japan as is provided for by an Ordinance of the Ministry of Justice"
shall not be permitted to land.

Key Elements and the Role of an Accompanying Person

This provision has two critical components:

  1. The mental condition of the foreign national: The individual must either "permanently lack the capacity to discern right from wrong" (事理を弁識する能力を欠く常況にある者 - jiri o benshiki suru nōryoku o kaku jōkyō ni aru mono) or have a capacity that is "markedly insufficient" (その能力が著しく不十分な者 - sono nōryoku ga ichijirushiku jūbun de nai mono). This targets severe mental conditions impacting fundamental judgment and decision-making.
  2. The absence of a qualified accompanying person: Unlike the infectious disease clause, this ground is not an absolute bar. A foreign national meeting the mental condition criteria can still be permitted to land if they are accompanied by a person who meets specific requirements to assist them in Japan.

The Ordinance of the Ministry of Justice (specifically, Article 4 of the Enforcement Regulations of the ICRRA) details who qualifies as an "accompanying person" (補助する者 - hojo suru mono). This person must:

  • Be a guardian, conservator, spouse, person in parental authority, or person with a duty to support the foreign national, or a person equivalent thereto.
  • Possess the intention and ability to assist the foreign national in their activities.
  • Not fall under certain disqualifying conditions (e.g., being in litigation against the foreign national, being bankrupt and not yet reinstated, being an adult ward or person under curatorship themselves, or being a minor).

For short-term stays (e.g., tourism, recuperation, attending meetings), an accompanying person can also be someone who has a "rational reason" to assist and possesses the necessary intent and ability, even if they don't fit the familial/legal categories above.

Legislative Intent and 2004 Amendment

The current wording of this provision is the result of a significant amendment in 2004 (Act No. 73 of 2004). Prior to this, the ICRRA stipulated a more blanket denial for individuals with "mental disorders" as defined under the then-Mental Health Act. This was criticized for being overly broad and potentially discriminatory.

The 2004 amendment, influenced by a decision from the Headquarters for the Promotion of Measures for Persons with Disabilities, aimed to narrow the scope of denial. The then Minister of Justice, Nozawa, explained during Diet deliberations that the revision was intended to limit denial to cases where a person with a severe mental condition affecting judgment is not accompanied by a suitable assistant. The Director-General of the Immigration Bureau, Masuda, further elaborated that while a complete removal of mental health as a ground for denial was not feasible due to concerns about potential burdens on Japanese society (e.g., financial costs for involuntary hospitalization, risks to public safety or transactional security if an unassisted person cannot manage their affairs), the new provision focused on the practical aspect of ensuring necessary support during their stay in Japan.

The rationale behind this ground for denial includes:

  • Public safety: To prevent potential harm to the individual or others if their condition, unassisted, might lead to unpredictable behavior.
  • Public burden: To avoid situations where an unassisted individual might require significant public support or become a charge on public funds.
  • Transactional security: To ensure that individuals who lack the capacity to understand the consequences of their actions are not exploited or do not inadvertently disrupt legal or commercial transactions without appropriate assistance.

As with infectious diseases, a determination that a foreign national falls under Article 5, Paragraph 1, Item 2 (mental disorders) must also be based on a medical diagnosis by a designated physician (ICRRA, Article 9, Paragraph 2).

Overarching Policy Considerations and Exceptions

The health-related grounds for denial of landing in Article 5 reflect Japan's sovereign right to control entry into its territory, balancing public health, safety, and welfare concerns with humanitarian considerations and international norms.

It is important to note that even if a foreign national technically falls under one of these denial grounds, there may be possibilities for an exception:

  • Special Permission for Landing (上陸特別許可 - Jōriku Tokubetsu Kyoka): Under Article 12 of the ICRRA, the Minister of Justice has the discretion to grant special permission for landing even to a foreign national who does not meet all landing conditions, if there are special circumstances warranting such permission (e.g., humanitarian grounds). This could, in theory, apply to health-related denial cases, although the bar would likely be very high.
  • Specific provisions for accompanying persons: As detailed for mental disorders, the law itself provides an exception if adequate support is ensured.

Conclusion

Japan's immigration law establishes specific health-related conditions under which a foreign national may be denied entry. For infectious diseases, the focus is on preventing the spread of serious illnesses listed in or designated under the Infectious Diseases Control Law, with medical certification being a prerequisite for denial. For mental disorders, denial is targeted at individuals with significantly impaired judgment capacity who are not accompanied by a qualified person to assist them, a provision refined in 2004 to be more nuanced than a blanket exclusion.

These provisions highlight the Japanese government's efforts to protect public health and welfare. While strict, the system incorporates procedural safeguards such as mandatory medical diagnosis and, in the case of mental disorders, recognizes the importance of support systems. Individuals planning to travel to Japan who have health conditions that might fall under these categories should ensure they have accurate medical documentation and, where applicable, have made arrangements for necessary support, to facilitate a smooth entry process.