Q: What are the Stated Purposes and Fundamental Principles of Japan's Immigration Control and Refugee Recognition Act?

Japanese Attorney at Law - Bengoshi L.L.

• 9 min read

The Immigration Control and Refugee Recognition Act (hereinafter referred to as the "Act" or "ICRRA") stands as the cornerstone of Japan's legal framework governing the entry, departure, and residence of individuals, as well as the procedures for recognizing and protecting refugees. Understanding its foundational purposes and principles is crucial for anyone navigating Japan's immigration system, whether for business, employment, family, or humanitarian reasons. This article delves into the core objectives and structural underpinnings of the Act, primarily drawing from its initial articles.

The Dual Purposes of the Act: Fair Immigration Control and Refugee Protection

Article 1 of the ICRRA explicitly lays out its two primary objectives:

  1. To provide for equitable control over the entry into or departure from Japan of all persons.
  2. To consolidate the procedures for recognition of refugee status.

This dual structure reflects Japan's commitment to managing its borders effectively while also upholding its international obligations concerning refugees.

Equitable Control over Entry and Departure

The concept of "equitable control" (公正な管理 - kōsei na kanri) is a fundamental tenet of the Act. It signifies that immigration control should not be arbitrary but conducted with fairness, considering international legal standards and practices. This principle aims to prevent the entry of foreign nationals deemed undesirable for Japan while regulating the activities of foreign nationals residing in the country to ensure they do not conflict with Japan's public safety or socio-economic interests. Conversely, it also encompasses providing certain conveniences to foreign nationals, such as extensions of periods of stay and re-entry permits, and establishing clear procedures for entry and departure.

The Act, originally promulgated as a cabinet order in 1951 under the Potsdam Declaration (Cabinet Order No. 319 of October 4, 1951), later gained the force of law in 1952 (Act No. 126 of 1952). Initially, its sole purpose was "to provide for equitable control over the entry into or departure from Japan of all persons". The scope of "all persons" includes both Japanese nationals and foreign nationals, although the vast majority of the Act's provisions pertain to foreign nationals. The provisions concerning Japanese nationals are primarily limited to Chapter 7 of the Act.

The term "Japan" (本邦 - honpō) in the Act refers to Japan's territory in its entirety, encompassing its land, territorial waters, and airspace. The Act distinguishes between "entry" (入国 - nyūkoku), meaning entering Japan's territorial land, sea, or airspace, and "landing" (上陸 - jōriku), which specifically means disembarking onto Japanese land. Historically, the definition of "Japan" was subject to change, notably with the reversion of Okinawa in 1972, which led to the removal of a specific definition of "Japan" that had excluded Okinawa from its scope for immigration control purposes.

Immigration control under the Act is not limited to managing entry and departure points but also extends to the management of the stay of foreign nationals within Japan. This includes ensuring that foreign nationals reside and conduct activities in Japan in accordance with their permitted status and period of stay.

Consolidation of Refugee Recognition Procedures

The second pillar of the Act's purpose—the consolidation of refugee recognition procedures—was incorporated through an amendment in 1981 (Act No. 86 of 1981), coinciding with Japan's accession to the Convention Relating to the Status of Refugees (Refugee Convention) and its Protocol. This amendment also led to the renaming of the law to its current title, the "Immigration Control and Refugee Recognition Act".

While the Refugee Convention obligates signatory states to provide various protections to refugees, the specific procedures for recognizing refugee status and the methods of protection are left to the legislative policy of each country. In Japan, because refugees are inherently foreign nationals, it was deemed appropriate for the Minister of Justice, who has jurisdiction over immigration control, to also handle refugee recognition. Thus, these two functions were integrated into a single piece of legislation.

Fundamental Principles: Status of Residence and Period of Stay

Article 2-2 of the ICRRA establishes the foundational concepts of "status of residence" (在留資格 - zairyū shikaku) and "period of stay" (在留期間 - zairyū kikan), which are central to Japan's immigration control system for foreign nationals. This article was newly established by Act No. 79 of 1989, which significantly reformed the status of residence system by introducing a schedule-based format (Annexed Tables I and II) and consolidating previous provisions related to statuses of residence and periods of stay into the general provisions chapter.

The rationale behind this 1989 restructuring was to clarify that the status of residence system forms the basic framework for the entry and stay of foreign nationals, thus positioning these fundamental rules appropriately within the Act's general provisions.

The Concept of "Status of Residence"

A "status of residence" is a legal qualification that permits a foreign national to reside in Japan and engage in certain activities or to reside in Japan based on a specific civil status or position. As a general rule, foreign nationals must possess a status of residence to stay in Japan.

Article 2-2, Paragraph 1 stipulates:
"A foreign national residing in Japan (excluding cases where there are special provisions in this Act or other laws) shall reside under a status of residence pertaining to the landing permission granted to said foreign national, the status of residence acquired by said foreign national (including, for the status of residence of Technical Intern Training, the classifications of (i) or (ro) of item (1) or (i) or (ro) of item (2) listed in the right-hand column of the row for Technical Intern Training in Appended Table I (2) of this Act; the same shall apply hereinafter), or a change to those statuses of residence."

This means that the status of residence serves as the legal basis for a foreign national's presence in Japan. It also defines the scope of permissible activities, especially for those statuses of residence listed in Annexed Table I of the Act, which are primarily activity-based (e.g., work, study). Foreign nationals holding these statuses are generally restricted from engaging in activities outside their designated scope, particularly those involving the management of a business with income or receiving remuneration, unless they obtain specific permission (Permission to Engage in Activity Other Than That Permitted under the Status of Residence Previously Granted, commonly known as "permission for extra-status activities" - 資格外活動の許可 shikakugai katsudō no kyoka) under Article 19.

The statuses of residence are detailed in Annexed Tables I and II of the Act.

  • Annexed Table I statuses are activity-based. Foreign nationals with these statuses are permitted to engage in the activities specified in the right-hand column corresponding to their status of residence. Examples include "Engineer/Specialist in Humanities/International Services," "Student," "Investor/Business Manager" (now "Business Manager"), etc.
  • Annexed Table II statuses are based on civil status or position. Foreign nationals with these statuses are permitted to engage in activities as a person with the civil status or position specified in the right-hand column corresponding to their status of residence. Examples include "Spouse or Child of Japanese National," "Permanent Resident," etc.

The maintenance of the designated activity (for Table I statuses) or civil status/position (for Table II statuses) is generally necessary to maintain the status of residence. Failure to do so may result in non-renewal of the period of stay or even revocation of the status of residence.

A foreign national can acquire a status of residence through various means:

  • Landing Permission: Upon arrival in Japan, a foreign national applying for landing (except for special landing permissions) undergoes an examination by an immigration inspector. If approved, a status of residence and a period of stay are determined at that time (Article 9, Paragraph 3).
  • Permission for Acquisition of Status of Residence: Foreign nationals who come to reside in Japan without going through landing procedures (e.g., by renouncing Japanese nationality while in Japan, or by being born in Japan as a foreign national) must apply for and obtain a status of residence if they intend to stay beyond 60 days from the event (Article 22-2).
  • Change of Status of Residence: A foreign national already residing in Japan with a status of residence who wishes to change their primary activity (or civil status) can apply to change their status of residence (Article 20).
  • Permission in Refugee Recognition Procedures: A foreign national without a status of residence who is recognized as a refugee may be granted a "Long-Term Resident" (定住者 - teijūsha) status, with some exceptions (Article 61-2-2, Paragraph 1). If not granted "Long-Term Resident" status, or if refugee status is not recognized, the Minister of Justice may still grant special permission to stay with a specific status of residence and period of stay (Article 61-2-2, Paragraph 3).
  • Special Permission to Stay in Deportation Procedures: As a special measure in deportation proceedings, the Minister of Justice may grant special permission to stay, determining a status of residence and period of stay, even if grounds for deportation exist (Article 50, Paragraph 2).

It is important to note that when these permissions are granted, the foreign national's intended activities in Japan must correspond to the activities associated with the granted status of residence. This is often referred to as "eligibility for status of residence" (在留資格該当性 - zairyū shikaku gaitōsei).

Period of Stay

When a status of residence is determined, a "period of stay" (在留期間 - zairyū kikan) is simultaneously decided. This is the duration for which the foreign national is permitted to reside in Japan under that specific status. Article 2-2, Paragraph 3 of the ICRRA states:
"The period during which a foreign national referred to in paragraph (1) may stay (hereinafter referred to as "period of stay") shall be determined by an Ordinance of the Ministry of Justice for each status of residence. In this case, the period of stay associated with statuses of residence other than Diplomat, Official, and Permanent Resident may not exceed 5 years."

The specific periods of stay for each status are prescribed in the Ordinance of the Ministry of Justice (Immigration Control and Refugee Recognition Act Enforcement Regulations, Annexed Table II).

  • For "Diplomat" status, the period is for the duration of their diplomatic activities.
  • For "Official" status, periods such as 5 years, 3 years, 1 year, 3 months, 30 days, or 15 days are stipulated.
  • For "Permanent Resident" status, the period of stay is indefinite.
  • For other statuses of residence, multiple periods (e.g., 5 years, 3 years, 1 year, 3 months) up to a maximum of 5 years are stipulated, from which one period is determined. In some cases, such as for certain "Specified Activities" (特定活動 - tokutei katsudō) or "Long-Term Resident," the Minister of Justice may designate a specific period of stay for individual foreign nationals up to a certain limit.

A status of residence may cease to be valid due to several reasons, including:

  • Expiration of the period of stay without renewal or change of status.
  • Revocation of the status of residence (Article 22-4).
  • Issuance of a deportation order.
  • Death or acquisition of Japanese nationality.
  • Departure from Japan without a re-entry permit (unless deemed to have a re-entry permit or holding a refugee travel document).
  • For those who depart with a re-entry permit, failure to re-enter Japan within the validity period of that permit.

Exceptions to the Status of Residence System

While the status of residence system is the general rule, there are exceptions where a foreign national may stay in Japan without a status of residence. These include:

  • Provisional Landing Permission (Article 13), Special Landing Permissions (Chapter III, Section 4: e.g., Port of Call Landing, Transit Landing, Crew Landing, Emergency Landing, Landing Due to Distress, Landing Permission for Temporary Refuge), or Permission for Provisional Stay (Article 61-2-4). These allow temporary stays for specific, limited purposes without a formal status of residence.
  • Periods designated for departure: Such as after revocation of status of residence (Article 22-4, Paragraph 7) or under a departure order (Article 55-3).
  • Transitional stay: For those who renounce Japanese nationality or are born as foreign nationals in Japan, for 60 days pending acquisition of a status of residence (Article 22-2).
  • Special Permanent Residents: Governed by the Special Act on the Immigration Control of, inter alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan (Act No. 71 of 1991).
  • U.S. Armed Forces personnel and their dependents: Under the Agreement under Article VI of the Treaty of Mutual Cooperation and Security between Japan and the United States of America, regarding Facilities and Areas and the Status of United States Armed Forces in Japan (SOFA).
  • United Nations Forces personnel and their dependents: Under the Agreement regarding the Status of United Nations Forces in Japan.

The Act uses terms like "residing in Japan" (honpō ni zairyū suru) and "being in Japan" (honpō ni aru). "Residing in Japan" in the context of Article 2-2 generally implies residing with a status of residence. However, other provisions might use "residing in Japan" to include those legally in Japan without a status of residence (e.g., under special landing permission) or even, in some contexts like deportation grounds, those in Japan illegally. "Being in Japan," on the other hand, generally refers to the physical presence of a foreign national within Japan's territory, irrespective of their legal status, and does not necessarily imply the continuation of a status of residence if they are physically outside Japan, even with a re-entry permit. However, usage is not always strictly uniform, and the nuance often depends on the specific article's context. For instance, a medium to long-term resident who departs Japan with a re-entry permit is generally considered to be still "residing in Japan with a status of residence" for many purposes, including the validity of their residence card (Article 19-14).

Conclusion

The Immigration Control and Refugee Recognition Act serves the critical functions of maintaining Japan's national security and public order through a structured immigration system, while also providing a legal avenue for the protection of refugees. The system's core revolves around the concepts of "status of residence" and "period of stay," which dictate the conditions under which foreign nationals may enter, reside in, and engage in activities within Japan. While aiming for "equitable control," the Act entrusts significant discretion to the immigration authorities and the Minister of Justice, particularly in areas like special permissions and refugee status determination. A clear understanding of these stated purposes and fundamental principles is the first step for anyone seeking to comprehend or engage with Japan's complex immigration and refugee framework.