Q: What are the "Deportation Grounds" (Taikhō Kyōsei Jiyū) under Japanese Immigration Law?

Japanese Attorney at Law - Bengoshi L.L.

• 8 min read

Residing in Japan as a foreign national comes with the responsibility of adhering to the country's laws, particularly the Immigration Control and Refugee Recognition Act (ICRRA). Article 24 of the ICRRA enumerates a comprehensive list of "Grounds for Deportation" (退去強制事由 - taikyō kyōsei jiyū). If a foreign national is found to fall under any of these grounds, they may be subjected to deportation procedures, which can result in their compulsory removal from Japan and a subsequent ban on re-entry for a specified period. Understanding these grounds is essential for all foreign residents and their sponsors to ensure compliance and avoid severe consequences. This article provides an overview of the major categories of deportation grounds.

Nature of Deportation: Administrative Measure, Not Criminal Punishment

It is crucial to understand that deportation under the ICRRA is an administrative measure aimed at maintaining Japan's public order, national security, and the integrity of its immigration control system. It is not a criminal punishment, although many actions constituting grounds for deportation may also be subject to separate criminal penalties under the ICRRA or other Japanese laws. Therefore, being deported does not constitute double jeopardy if the individual is also criminally prosecuted for the same act. The determination of whether a deportation ground is met is made through administrative procedures within the immigration authorities, subject to judicial review through administrative litigation.

Deportation grounds differ from "grounds for denial of landing" (Article 5). Denial of landing prevents a foreign national from entering Japan in the first place, whereas deportation applies to foreign nationals already within Japan (either legally or illegally). However, some acts or conditions can be grounds for both.

The deportation grounds in Article 24 can be broadly categorized, including those related to illegal entry or stay, criminal convictions, unauthorized activities, and threats to public order or national interest. Some grounds are "residence-dependent," meaning they apply to acts committed or conditions arising while the foreign national is residing in Japan, while others are "residence-independent," potentially applying even if the act occurred outside Japan if the individual subsequently enters the country (e.g., certain terrorism-related grounds aimed at preventing entry).

Major Categories of Deportation Grounds (Article 24)

Article 24 lists numerous specific grounds. The following is an overview of some of the most significant categories:

1. Illegal Entry and Landing

  • Illegal Entry (Item 1): A foreign national who has entered Japan in violation of Article 3 of the ICRRA (e.g., without a valid passport, or with intent to land without permission even if possessing a valid passport).
  • Illegal Landing (Item 2): A foreign national who has landed in Japan without receiving landing permission, etc., from an immigration inspector (e.g., disembarking without authorization).
  • Revocation of Status of Residence (Item 2-2): A foreign national whose status of residence has been revoked pursuant to Article 22-4, Paragraph 1, Item 1 (fraud regarding grounds for denial of landing) or Item 2 (fraud regarding eligibility for status of residence).
  • Overstaying a Departure Period after Status Revocation (Item 2-3): A foreign national who was designated a period for departure under Article 22-4, Paragraph 7 (after status revocation for reasons other than Items 1 or 2) and remains in Japan beyond that period.

3. Facilitating Illegal Entry or Stay of Others

  • Document Fraud for Others (Item 3): A foreign national who, for the purpose of enabling another foreign national to illegally receive a Certificate of Eligibility, landing permission, or other immigration-related permission, forges or alters documents, prepares false documents, or uses, possesses, or provides such documents, or incites or aids such acts. This targets individuals involved in organized immigration fraud.
  • Promoting Illegal Employment (Item 3-4): A foreign national who engages in, incites, or aids any of the following acts:
    • Causing a foreign national to engage in illegal work activities in connection with their business.
    • Placing a foreign national under their control for the purpose of causing them to engage in illegal work.
    • Assisting, as a business, in acts of causing a foreign national to engage in illegal work or placing them under control for such purposes.
  • Forgery or Alteration of Residence Cards, etc. (Item 3-5): Engaging in, inciting, or aiding the forgery, alteration, provision, receipt, possession, or use of a Residence Card or Special Permanent Resident Certificate for the purpose of illegal use.
  • Acts Threatening Public Safety (Item 3-2): A foreign national certified by the Minister of Justice as having reasonable grounds to be suspected of intending to commit an act of terrorism as defined in the Act on Punishment of Provision of Funds for Offenses of Public Intimidation, a preparatory act for such terrorism, or an act facilitating such terrorism.
  • Prevention of Entry under International Agreements (Item 3-3): A foreign national whose entry into Japan is to be prevented pursuant to an international agreement.
  • Advocating Violent Destruction of the Constitution or Government (Item 4, Sub-item (o)): A person who plots or advocates the violent destruction of the Constitution of Japan or the government formed thereunder, or who forms or joins a political party or other organization which plots or advocates the same.
  • Other Acts Prejudicial to the Interests or Public Security of Japan (Item 4, Sub-item (yo)): A person whom the Minister of Justice determines has committed acts detrimental to the interests or public security of Japan.

5. Criminal Convictions and Violations of Law by Residents (Article 24, Item 4 and related items)

This is a broad category applying to foreign nationals residing in Japan (excluding those under certain temporary landing permissions like provisional landing, port-of-call landing, etc.).

  • Engaging Exclusively in Unauthorized Remunerative Activities (Item 4, Sub-item (a)): A foreign national who is clearly found to be exclusively engaging in remunerative activities in violation of Article 19, Paragraph 1 (i.e., working outside the scope of their status without permission), excluding victims of human trafficking.
  • Overstaying Period of Stay (Illegal Stay) (Item 4, Sub-item (b)): A foreign national who remains in Japan beyond their authorized period of stay without receiving an extension or change of status.
  • Human Trafficking (Item 4, Sub-item (c)): A person who has engaged in, incited, or aided human trafficking, etc..
  • Violation of Passport Act (Item 4, Sub-item (d)): A person sentenced for certain violations of Japan's Passport Act.
  • Conviction for Smuggling-Related Offenses (Item 4, Sub-item (e)): A person sentenced for crimes stipulated in Articles 74 to 74-6-3 or Article 74-8 of the ICRRA (e.g., assisting collective stowaways).
  • Conviction for Unauthorized Work (Article 73 ICRRA) (Item 4, Sub-item (f)): A person sentenced to imprisonment with or without work for violating Article 73 (engaging in unauthorized work without permission).
  • Juveniles Sentenced to Long Imprisonment (Item 4, Sub-item (g)): A juvenile (as defined in the Juvenile Act) sentenced after November 1, 1951, to imprisonment with or without work for a period exceeding 3 years (for an indeterminate sentence, the maximum term is considered).
  • Drug Law Violations (Item 4, Sub-item (h)): A person convicted after November 1, 1951, for violating laws related to narcotics, marijuana, opium, stimulant drugs, psychotropic substances, or certain provisions of the Penal Code concerning opium. This is a very strictly enforced ground.
  • Other Serious Criminal Convictions (Item 4, Sub-item (i)): Other than those listed above, a person sentenced after November 1, 1951, to imprisonment with or without work for life or for a period exceeding one year. However, this excludes those who received a suspended sentence for the entire term of imprisonment. (Note: A 2013 amendment, likely after the PDF's primary source data, modified the exclusion regarding suspended sentences to accommodate partial suspensions).
  • Engagement in Prostitution-Related Business (Item 4, Sub-item (j)): A person who engages in prostitution, or the solicitation, procurement, or provision of a place for prostitution, or any other business directly connected to prostitution (excluding victims of human trafficking).
  • Inciting or Assisting Illegal Entry/Landing of Others (Item 4, Sub-item (k)): A person who has instigated, incited, or aided the illegal entry or landing of another foreign national.
  • Conviction for Specific Crimes by Holders of Table I Statuses (Item 4-2): A foreign national residing under a status of residence listed in Appended Table I of the ICRRA who is sentenced to imprisonment with or without work for certain specified offenses (e.g., certain Penal Code offenses like theft, robbery, fraud, assault, forgery; violations of the Act on Punishment of Violent Acts, etc.), even if the sentence is less than one year or is suspended.
  • Illegal Acts by Short-Term Visitors Related to International Games (Item 4-3): A foreign national residing under "Temporary Visitor" status who, in connection with an international sporting event, etc., held in Japan, or with the aim of obstructing its smooth operation, unlawfully kills or injures persons, commits assault or intimidation, or damages structures, etc., at or near the venue.
  • Conviction for False Notification by Medium to Long-Term Residents (Item 4-4): A medium to long-term resident sentenced to imprisonment for the crime of making a false notification under Article 71-2 (e.g., false notification of address) or Article 75-2 (e.g., refusal to present Residence Card) of the ICRRA.
  • Violation of Conditions of Provisional Landing (Item 5): A person granted provisional landing permission who violates conditions (e.g., absconds, fails to appear when summoned without justifiable reason).
  • Failure to Comply with a Departure Order Resulting from Landing Denial (Item 5-2): A person ordered to depart Japan (e.g., after an unsuccessful landing application process) who fails to depart without delay.
  • Overstaying Period of Special Landing Permissions (Item 6): A person granted port-of-call landing, transit landing, crew landing, emergency landing, landing due to distress, or landing permission for temporary refuge, who remains in Japan beyond the period specified in their passport or permit. (A 2014 amendment added "Landing Permission for Cruise Ship Tourists" here).
  • Overstaying Departure Period After Cancellation of Multiple Crew Landing Permit (Item 6-2 in older versions, now Item 6-4): A person whose multiple crew landing permit was revoked and who was given a period to depart or re-board but failed to do so.
  • Overstaying Transitional Period Without Acquiring Status (Item 7): A person who was permitted to stay for up to 60 days without a status of residence (e.g., after loss of Japanese nationality in Japan) but failed to obtain a status of residence and remains beyond that period.
  • Overstaying Departure Deadline of a Departure Order (Item 8): A person who received a Departure Order (under Article 55-3, typically for certain overstayers who self-report) but remains in Japan beyond the designated departure deadline.
  • Revocation of Departure Order (Item 9): A person whose Departure Order was revoked (e.g., due to violating conditions of the Departure Order under Article 55-6).
  • Revocation of Refugee Status (Item 10): A person residing in Japan based on permission granted in relation to refugee status (e.g., granted "Long-Term Resident" status after refugee recognition), whose refugee recognition is subsequently revoked on certain grounds (e.g., fraudulent acquisition of refugee status or commission of serious crimes specified in the Refugee Convention).

Exemptions from Deportation

Certain individuals are exempt from deportation or subject to restricted deportation:

  • Diplomats and Consular Officers: Protected by international conventions.
  • Special Permanent Residents: Can only be deported for very serious offenses, such as those related to insurrection, foreign aggression, or crimes certified by the Minister of Justice as gravely harming Japan's diplomatic interests or national security (Immigration Special Act, Article 22).

Subsequent Procedures

If an immigration control officer has reasonable grounds to suspect that a foreign national falls under one of these deportation grounds, a violation investigation will commence, which may lead to detention, an examination by an immigration inspector, an oral hearing by a special inquiry officer, and ultimately a decision by the Minister of Justice on an objection, if filed. If grounds for deportation are confirmed and no special permission to stay is granted, a written deportation order will be issued.

Conclusion

The grounds for deportation under Article 24 of the ICRRA are extensive and cover a wide range of violations, from illegal entry and overstaying to serious criminal offenses and activities deemed detrimental to Japan's interests. This comprehensive list reflects Japan's firm stance on maintaining the integrity of its immigration system and protecting public order. For foreign nationals residing in Japan, strict adherence to the terms of their status of residence and all Japanese laws is paramount to avoid facing these severe consequences. Employers and sponsoring organizations also play a crucial role in ensuring their foreign national employees or affiliates understand and comply with these regulations.