Applying for landing permission is a critical first step for any foreign national wishing to enter Japan. The Immigration Control and Refugee Recognition Act (ICRRA) meticulously outlines the procedures and requirements involved, including the necessary documentation and, in most cases, the provision of personal identification information. Understanding these procedures is essential for a smooth entry process. This article details the steps for applying for landing permission as stipulated in Article 6 of the ICRRA, focusing on passport and visa requirements, the application process itself, and the mandatory submission of biometric data.

1. Prerequisite Documentation: Passport and Visa (Article 6, Paragraph 1)

As a general rule, a foreign national (excluding crew members) intending to land in Japan must possess two key documents:

• A Valid Passport: This is the primary travel document. The ICRRA's definition of a "passport" is broad, encompassing not only national passports issued by recognized governments but also other specified travel documents like Refugee Travel Documents.
• A Visa Issued by a Japanese Consular Officer, etc.: In addition to a valid passport, most foreign nationals require a visa (査証 - sashō) issued by a Japanese embassy or consulate abroad. A visa, in this context, signifies a preliminary approval indicating that the holder is, in principle, eligible to apply for landing under the conditions specified in the visa.

However, there are important exceptions to the visa requirement:

• Visa Exemption Arrangements: Foreign nationals whose passports are from countries or regions with which Japan has a reciprocal visa exemption agreement, or for whom the Japanese government has unilaterally waived the visa requirement through official notification to the foreign government, do not need a visa for short-term stays (e.g., tourism, business meetings) within the stipulated period[cite: 1, 66]. The basis for visa exemptions was broadened by a 1989 amendment to the ICRRA, moving away from strict reciprocity to allow Japan more flexibility in granting exemptions based on its own policy considerations.
  • Special Case for Taiwan: Due to Japan's diplomatic stance, specific laws were enacted to facilitate visa exemptions for holders of Taiwanese passports for purposes such as tourism, notably for the 2005 World Exposition and subsequently through more general legislation (e.g., Act No. 96 of 2005).
• Holders of Re-entry Permits: Foreign nationals residing in Japan who have obtained a Re-entry Permit (including those deemed to have a Re-entry Permit under the Special Re-entry Permit system, Article 26-2) do not need a new visa to re-enter Japan within the validity of their permit[cite: 1, 66].
• Holders of Refugee Travel Documents: Individuals who have been issued a Refugee Travel Document by the Japanese government (under Article 61-2-12) are also exempt from the visa requirement for re-entry[cite: 1, 66].

2. The Landing Application Process (Article 6, Paragraph 2)

A foreign national (excluding crew members, who have separate procedures) wishing to land in Japan, as described in Article 6, Paragraph 1, must formally apply for landing permission. This process involves:

• Application at the Port of Entry or Departure: The application must be made at the specific port of entry or departure (出入国港 - shutsunyūkoku-kō) through which the foreign national intends to enter Japan. These ports are designated by an Ordinance of the Ministry of Justice.
• Application to an Immigration Inspector: The application is made to an Immigration Inspector (入国審査官 - nyūkoku shinsakan) stationed at the port.
• Undergoing Examination for Landing: The applicant must then undergo an examination conducted by the Immigration Inspector to determine if they meet the conditions for landing in Japan as stipulated in Article 7 of the ICRRA[cite: 1, 69]. These conditions include possessing a valid passport (and visa if required), intending to engage in activities consistent with a specific status of residence, having a planned period of stay compliant with regulations, and not falling under any grounds for denial of landing (e.g., due to health reasons, criminal record, or risk to public safety).

This on-arrival examination is a distinct step from the visa application process. While a visa suggests preliminary eligibility, the final decision to grant landing permission rests with the Immigration Inspector at the port of entry.

3. Provision of Personal Identification Information (Article 6, Paragraph 3)

A significant component of the landing application procedure, introduced by amendments in 2006 (Act No. 43 of 2006), is the mandatory provision of personal identification information by most foreign nationals. Article 6, Paragraph 3 stipulates that a foreign national applying for landing must provide the Immigration Inspector with their personal identification information (個人識別情報 - kojin shikibetsu jōhō) in an electromagnetic format (e.g., electronically) for use in a computer system designated by the Ministry of Justice for individual identification.

Purpose and Nature of Information

• Purpose: This requirement was primarily introduced as a counter-terrorism measure and to enhance the accuracy of immigration control. It aims to verify the identity of the applicant against the presented passport, check against watch lists of individuals of concern (including those with past deportation records or criminal histories), and prevent entry under false identities.
• Information Required: The "personal identification information" to be provided is defined by an Ordinance of the Ministry of Justice (Article 5, Paragraph 6 of the ICRRA Enforcement Regulations) as:
  • Fingerprints (of both index fingers, unless impossible, in which case other fingers are used).
  • A facial photograph.
    The rationale for requiring both fingerprints and a facial photograph is to ensure accurate identification, with fingerprints considered particularly reliable for matching against existing databases.

This provision means that the provision of biometric data is a prerequisite for the landing application itself. If a non-exempt foreign national refuses to provide this information, their application for landing cannot proceed to the examination of landing conditions, and they will be referred to a Special Inquiry Officer for further proceedings (ICRRA, Article 7, Paragraph 4)[cite: 1, 71].

Exemptions from Providing Personal Identification Information

Article 6, Paragraph 3 provides several exemptions from this mandatory requirement:

1. Special Permanent Residents (特別永住者 - tokubetsu eijūsha)[cite: 1, 71]: This group, primarily consisting of long-term residents of Korean and Taiwanese descent and their descendants, is exempt due to their unique historical background and highly stable legal status in Japan.
2. Persons under 16 years of age[cite: 1, 71]: This exemption is based on the general understanding that minors pose a lower security risk and warrant greater consideration. The age of 16 was chosen considering various factors, including international practices and consistency with other Japanese laws.
3. Persons intending to engage in "Diplomat" or "Official" activities[cite: 1, 71]: Individuals entering Japan to perform activities corresponding to the "Diplomat" or "Official" statuses of residence are exempt. This is due to the extremely low likelihood of such individuals being terrorists or planning illegal stays, as well as considerations of international comity.
4. Persons invited by the head of a national administrative organ of Japan[cite: 1, 71]: This allows for exemptions for individuals invited by high-level government officials, where their bona fides are presumed. "National administrative organ" is interpreted broadly to include all such organs as defined in relevant Japanese laws on information protection.
5. Persons designated by an Ordinance of the Ministry of Justice as equivalent to those in items 3 or 4[cite: 1, 71]: This allows for flexibility. Article 5, Paragraph 10 of the ICRRA Enforcement Regulations specifies such persons, including:
   • Staff of the Taiwan-Japan Relations Association (formerly Interchange Association, Japan) or the Palestine General Mission in Japan, and their family members forming part of the same household. This accords treatment similar to diplomats or officials to representatives from these entities[cite: 1, 73].
   • Individuals for whom the Minister for Foreign Affairs provides a personal guarantee due to special diplomatic considerations. This covers state guests or other VIPs not falling under "Diplomat" or "Official" status but warranting similar treatment[cite: 1, 73].
   • Students or pupils of specified Japanese educational institutions (high schools, etc.) participating in an official school trip to a region outside Japan, for whom the head of the school provides a personal guarantee to the Minister of Justice. This is a practical measure to facilitate school-organized international travel.

Consequences of Refusal

If a foreign national who is not exempt refuses to provide the required personal identification information, they cannot proceed with the standard landing application. The Immigration Inspector is required to hand over such a foreign national to a Special Inquiry Officer (特別審理官 - tokubetsu shinrikan) for an oral hearing (ICRRA, Article 7, Paragraph 4; Article 10, Paragraph 1). If the Special Inquiry Officer determines that the foreign national is indeed not exempt and still refuses to provide the information, a deportation order will be issued (ICRRA, Article 10, Paragraph 7), unless the foreign national provides the information to the Special Inquiry Officer.

Practical Considerations for Applicants

The landing application procedure in Japan is a formal process with strict requirements. Applicants should ensure:

• All documentation is valid and accurate: Passports must be valid for the intended period of stay, and visas (if required) must correspond to the intended activities.
• Honest declarations: Providing false information or forged documents can lead to severe penalties, including denial of landing and future inadmissibility.
• Cooperation with biometric information collection: Unless exempt, applicants must comply with the requirement to provide fingerprints and a facial photograph.

Conclusion

The procedure for applying for landing permission in Japan, as outlined in Article 6 of the ICRRA, involves presenting a valid passport and, usually, a visa, followed by an application and examination at the port of entry. A key modern feature is the mandatory provision of biometric personal identification information for most applicants, aimed at enhancing security and immigration control. While there are specific exemptions to these requirements, particularly concerning visas and biometric data, the overall framework underscores Japan's commitment to a structured and regulated approach to managing the entry of foreign nationals. A thorough understanding of these procedures is vital for anyone intending to enter Japan, ensuring compliance and facilitating a smoother process.