Japan's immigration system, governed by the Immigration Control and Refugee Recognition Act (ICRRA), has a structured process for foreign nationals seeking to enter the country. This typically involves meeting a set of "conditions for landing." However, there are situations where a foreign national may not satisfy all these conditions but still has compelling reasons to be admitted. For such exceptional cases, Article 12 of the ICRRA provides a mechanism known as "Special Permission for Landing" (上陸特別許可 - jōriku tokubetsu kyoka), granting the Minister of Justice discretionary power to allow entry. This article explores the nature of this special permission, the circumstances under which it can be granted, the procedural aspects, and its significance within Japan's immigration framework.

The Purpose and Context of Special Landing Permission

The standard procedure for a foreign national seeking to land in Japan involves an examination by an Immigration Inspector. If the inspector does not grant landing permission outright (e.g., if the foreign national does not meet all the conditions for landing or is found to fall under grounds for denial of landing), the case is referred to a Special Inquiry Officer for an oral hearing. If the Special Inquiry Officer also makes an adverse finding, the foreign national can file an objection with the Minister of Justice. It is at this final stage of the administrative review process, when the Minister is adjudicating an objection, that Special Landing Permission can be considered.

The rationale for this discretionary measure lies in the inherent difficulty of prescribing exhaustive, universally applicable landing conditions that can justly address every conceivable individual circumstance. International situations, humanitarian needs, and unique personal factors can arise that may not align neatly with pre-defined rules but still warrant compassionate or practical consideration for entry[cite: 1, 132]. Article 12 empowers the Minister of Justice to exercise this judgment, acting as a crucial safety valve within the immigration system.

It is important to distinguish Special Landing Permission (Article 12) from Special Permission to Stay (在留特別許可 - zairyū tokubetsu kyoka) under Article 50, which is granted to foreign nationals already in Japan who are found to be deportable but are allowed to continue their residence due to special circumstances. Special Landing Permission, in contrast, pertains to the initial act of entry into Japan.

Grounds for Granting Special Landing Permission

Article 12, Paragraph 1 of the ICRRA outlines the specific situations in which the Minister of Justice, even when finding that an objection to a denial of landing is without merit, may still grant Special Permission for Landing. The Minister may do so if the foreign national falls under any of the following categories and the Minister finds that there are circumstances that warrant special permission to land:

1. When the foreign national has received a re-entry permit (再入国の許可を受けているとき - sai'nyūkoku no kyoka o ukete iru toki).
2. When the foreign national has entered Japan under the control of another person due to human trafficking or other similar acts (人身取引等により他人の支配下に置かれて本邦に入ったものであるとき - jinshin torihiki tō ni yori tanin no shihai-ka ni okarete honpō ni haitta mono de aru toki). This ground was added by an amendment in 2005 (Act No. 66 of 2005) to explicitly address the protection of victims of human trafficking.
3. When the Minister of Justice finds that there are other special circumstances under which the foreign national should be granted landing permission (その他法務大臣が特別に上陸を許可すべき事情があると認めるとき - sonota Hōmu Daijin ga tokubetsu ni jōriku o kyoka subeki jijō ga aru to mitomeru toki).

Let's examine these grounds:

1. Holders of Re-entry Permits

This might seem counterintuitive, as a re-entry permit (or a Special Re-entry Permit) generally allows a foreign resident of Japan to re-enter without a new visa and with a simplified examination process focused mainly on identity verification and ensuring no new grounds for denial have arisen (ICRRA, Article 7, Paragraph 1). However, a situation could arise where a re-entry permit holder becomes subject to a new ground for denial of landing (e.g., a serious criminal conviction abroad while outside Japan) after obtaining the re-entry permit but before re-entering. In such cases, while technically inadmissible, the Minister of Justice could consider Special Landing Permission.

Historically, before the introduction of Article 5-2 (Special Provisions for Denial of Landing) in 2009, Special Landing Permission under Article 12 was more frequently used for re-entry permit holders who had known grounds for inadmissibility at the time of their re-entry application. Article 5-2 now provides a more direct mechanism for the Minister of Justice to decide not to deny landing based solely on certain existing grounds of inadmissibility if deemed appropriate (e.g., when a re-entry permit was issued with knowledge of those grounds). This has likely reduced the reliance on Article 12 for such "known inadmissibility" re-entry cases, but Article 12 remains a potential avenue for unforeseen complexities involving re-entry permit holders.

2. Victims of Human Trafficking

The explicit inclusion of victims of human trafficking as a ground for Special Landing Permission reflects Japan's commitment to combating such crimes and protecting victims. If a foreign national is found to have been brought into Japan under duress or deception as a result of human trafficking, even if they lack proper documentation or meet other criteria for denial, the Minister of Justice can grant them entry on humanitarian grounds. This allows for their immediate protection and access to support services. The focus here is on the victim's circumstances and the need for protection, overriding other potential inadmissibility factors directly resulting from their trafficked situation.

3. Other Special Circumstances Deemed by the Minister of Justice

This is a broad, discretionary clause that allows the Minister to consider a wide array of factors not explicitly listed. It is the most common basis for granting Special Landing Permission. While no exhaustive list exists, past Diet statements and inferred practice suggest that "special circumstances" often involve:

• Humanitarian Considerations: This is a significant factor. It could include situations where denying entry would result in extreme hardship for the individual or their family members in Japan, urgent medical needs that can only be addressed in Japan, or other compelling compassionate reasons.
• Family Ties in Japan: The presence of close family members (e.g., spouse, children, parents) who are Japanese nationals or established foreign residents can be a strong factor, particularly if separation would cause undue hardship. For example, if a foreign national is married to a Japanese national but faces a technical ground for inadmissibility, this clause could be invoked.
• Lack of Culpability for Inadmissibility: If a foreign national is inadmissible due to circumstances largely beyond their control, without intent to deceive or violate Japanese law (e.g., possessing a visa that was improperly issued through no fault of their own, or minor technical irregularities in documentation where there was no intent to defraud), this may be considered.
• Interests of Japan: In rare cases, if admitting a particular individual, despite their inadmissibility, is deemed to be in Japan's broader national interest (though this is not a commonly cited explicit ground for Article 12 in the same way as it is for Special Permission to Stay under Article 50).

The discretion afforded to the Minister of Justice under this third limb is extensive, allowing for flexible responses to unique and unforeseen situations that do not fit neatly into the established rules.

Procedural Aspects and Effect of the Permission

Special Landing Permission is granted "when making an adjudication on the objection" (Article 12, Paragraph 1). This means it occurs after the standard three-tier examination process (Immigration Inspector, Special Inquiry Officer, objection to the Minister of Justice) has been exhausted and the Minister is formally deciding on the foreign national's appeal against the denial of landing.

If the Minister of Justice decides to grant Special Landing Permission, even though the formal objection itself might be deemed to have no legal merit (i.e., the foreign national does not meet the standard landing conditions), the permission has a specific legal effect. According to Article 12, Paragraph 2, such permission "shall be deemed to be an adjudication that the objection filed is well-grounded" for the application of Article 11, Paragraph 4.

This means:

1. The supervising immigration inspector is notified of the Minister's decision.
2. The supervising immigration inspector must then immediately affix a seal of landing permission in the foreign national's passport.
3. Crucially, as per Article 9, Paragraph 3 (applied mutatis mutandis via Article 11, Paragraph 5), the immigration inspector must determine the foreign national's status of residence and period of stay and clearly indicate these in the passport (unless the foreign national is a re-entry permit holder or possesses a refugee travel document, in which case their existing status/period is usually maintained).

Therefore, Special Landing Permission not only allows entry but also regularizes the individual's stay by granting them a specific status of residence and period of stay, just as if they had been approved through the standard process after a meritorious objection.

The authority of the Minister of Justice under Article 12 can be delegated to the Directors of Regional Immigration Bureaus, though the Minister retains the power to exercise this authority directly[cite: 1, 133].

Operational Reality and Transparency

Unlike the Special Permission to Stay (Article 50), for which the Ministry of Justice has published guidelines and examples of approved/denied cases, there are no publicly available official guidelines or detailed case examples specifically for Special Landing Permission under Article 12. This makes it harder to predict the outcome in specific scenarios.

However, operational statistics provide some insight. For example, the number of Special Landing Permissions granted was 1,629 in 2009, 975 in 2010, rising to 5,416 in 2011, then 3,440 in 2012, and 1,442 in 2013[cite: 1, 134]. The significant increase in 2011 was reportedly due to measures taken to admit Thai employees of Japanese-affiliated companies affected by the severe flooding in Thailand that year, as an urgent and temporary measure. This instance illustrates how "other special circumstances" can be invoked to address large-scale humanitarian or economic exigencies.

Conclusion

Special Landing Permission under Article 12 of the ICRRA is a vital discretionary tool that allows the Minister of Justice to grant entry to Japan to foreign nationals who, despite not meeting all standard landing conditions, present compelling reasons for admission. It operates as an exception within the formal immigration appeal process, primarily catering to humanitarian needs, protecting victims of human trafficking, and addressing other unique circumstances that fall outside the strictures of routine immigration rules. While its application is infrequent compared to standard landing permissions and is characterized by broad ministerial discretion without published guidelines, it underscores a degree of flexibility within Japan's otherwise rigorous immigration control system, allowing for nuanced judgments in complex individual cases.