Q: What is the "Landing Permission for Temporary Refuge" in Japan and Who is Eligible?

Japanese Attorney at Law - Bengoshi L.L.

• 7 min read

Japan's Immigration Control and Refugee Recognition Act (ICRRA) includes a special provision known as "Landing Permission for Temporary Refuge" (一時庇護のための上陸許可 - ichiji-hogo no tame no jōriku kyoka). This mechanism, outlined in Article 18-2 of the Act, allows for the temporary admission of foreign nationals into Japan under specific circumstances where they are fleeing persecution or similar dangers. It serves as a crucial, albeit distinct, component of Japan's broader framework for dealing with individuals seeking protection. This article details the purpose, eligibility criteria, procedures, and implications of this specific landing permission.

Purpose and Legislative Background

The Landing Permission for Temporary Refuge was established as part of the 1981 amendments to the Immigration Control Order (the predecessor to the ICRRA), which also introduced Japan's formal refugee status determination system following its accession to the Convention Relating to the Status of Refugees and its 1967 Protocol.

The primary purpose of this permission is to provide immediate, temporary territorial asylum to individuals who arrive at Japan's borders (or are already subject to deportation proceedings within Japan) claiming a need for protection. It is designed as an emergency measure, allowing authorities to grant landing swiftly without immediately going through the full refugee status determination process, which can be lengthy. This system was notably conceived with situations like the arrival of "boat people" in mind, where individuals might arrive directly seeking urgent shelter.

It is important to distinguish this temporary refuge permission from the formal recognition of refugee status under Article 61-2 of the ICRRA. While related, they are separate procedures. Landing Permission for Temporary Refuge addresses the immediate need for safety and entry, whereas refugee status determination involves a more comprehensive assessment of whether an individual meets the definition of a refugee under the Convention. An individual granted temporary refuge may subsequently apply for formal refugee status.

Eligibility Criteria for Landing Permission for Temporary Refuge

Article 18-2, Paragraph 1 sets out the conditions under which an immigration inspector may grant this permission. The key requirements are:

  1. Location of the Applicant:
    • The foreign national must be on board a vessel or aircraft in Japan, or
    • The foreign national must be a person who is to be deported from Japan pursuant to a written deportation order but is detained in an immigration detention center or other designated place pending deportation. This allows individuals already in the deportation process to potentially access this form of protection if new circumstances arise or come to light.
  2. Reason for Fleeing:
    • The applicant must be a person "who has fled from a territory where his/her life, body or physical liberty was likely to be harmed for a reason prescribed in Article 1, A (2) of the Refugee Convention or any other reason equivalent thereto".
    • Refugee Convention Grounds: This directly references the core refugee definition – a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion.
    • "Any other reason equivalent thereto" (その他これに準ずる理由 - sonota kore ni junzuru riyū): This phrase is significant as it provides a degree of flexibility, suggesting that the grounds for temporary refuge are not strictly limited to those covered by the formal refugee definition. It could potentially encompass individuals fleeing generalized violence, internal armed conflict, or natural disasters, where a direct link to one of the five Convention grounds might be difficult to establish immediately, but where a return would nonetheless expose them to serious harm. The interpretation and application of "equivalent reasons" are subject to the discretion of the immigration authorities.
  3. Discretionary Element:
    • The immigration inspector must find it "appropriate to grant the foreign national landing permission for temporary refuge" (その者を一時的に上陸させることが相当であると認めるとき - sono mono o ichiji-teki ni jōriku saseru koto ga sōtō de aru to mitomeru toki). This introduces a discretionary element into the decision-making process. Even if the applicant appears to meet the "fleeing from harm" criteria, the permission is not automatic. The "appropriateness" may involve considering various factors, including the credibility of the claim, the immediate risks faced, and potentially broader policy considerations, although the primary focus is intended to be humanitarian protection.

Who Can Apply?

The application for this permission can be made by:

  • The foreign national him/herself.
  • The captain of the vessel or aircraft on which the foreign national arrived.
  • The carrier who operates the vessel or aircraft.
  • If the foreign national is already detained under a deportation order, an application can be made by their representative (e.g., lawyer, family member, or other person entrusted by the detainee).

Procedural Aspects

Provision of Personal Identification Information

Generally, a foreign national applying for landing in Japan must provide personal identification information (fingerprints and facial photograph) under Article 6, Paragraph 3 of the ICRRA. Article 18-2, Paragraph 2 stipulates that an immigration inspector may require the applicant for temporary refuge to provide such information if deemed necessary for the examination. This is framed as a discretionary power for the inspector, unlike the mandatory requirement for most other landing applications. However, Article 6-2 lists exceptions to the mandatory provision of such information (e.g., those under 16 years of age, diplomats, etc.), and these exceptions would logically extend to applicants for temporary refuge if they fall into those categories.

Issuance of a Certificate

If landing permission for temporary refuge is granted, the immigration inspector issues a Certificate of Landing Permission for Temporary Refuge (一時庇護許可書 - ichiji-hogo kyokasho) to the foreign national (Article 18-2, Paragraph 3). Unlike regular landing permissions for those with a status of residence, this permission is not endorsed in the foreign national's passport. The certificate itself becomes the primary document evidencing their lawful, albeit temporary, presence in Japan.

The form of this certificate is prescribed by an Ordinance of the Ministry of Justice (specifically, Appended Form No. 27 of the Enforcement Regulations of the ICRRA).

Conditions Attached to the Permission

When granting Landing Permission for Temporary Refuge, the immigration inspector is required to impose certain conditions (Article 18-2, Paragraph 4). These conditions, further detailed in Article 19 of the Enforcement Regulations of the ICRRA, include:

  1. Period of Stay (上陸期間 - jōriku kikan): The duration of the temporary refuge. This period shall not exceed six months from the date of landing.
  2. Residence (住居 - jūkyo): The foreign national's place of residence may be restricted to a specific area or facility designated by the immigration inspector.
  3. Scope of Movement (行動範囲 - kōdō han'i): Restrictions may be placed on the foreign national's freedom of movement within Japan.
  4. Restriction on Activities (活動の制限 - katsudō no seigen): This is a critical condition. Generally, individuals granted temporary refuge are restricted from engaging in activities involving the management of a business with income or activities for which they receive remuneration (i.e., work). Their stay is for protection, not for economic activity.
  5. Other necessary conditions: The immigration inspector can impose any other conditions deemed necessary, such as reporting requirements.

Renewal of the Period of Stay

While the initial period of stay is capped at six months, it can be renewed. Article 19-3 of the Enforcement Regulations allows a foreign national who has received Landing Permission for Temporary Refuge to apply for an extension of this period if they are unable to depart Japan within the initially granted period due to circumstances beyond their control.

A foreign national who has received Landing Permission for Temporary Refuge is lawfully present in Japan for the duration specified in their certificate and subject to the imposed conditions. This status is temporary and distinct from a formal status of residence.

However, the ICRRA provides a pathway for such individuals to transition to a more stable status. Article 22-3 of the Act stipulates that a foreign national who has received Landing Permission for Temporary Refuge and wishes to reside in Japan under a status of residence listed in Appended Table I or II of the Act can apply for an acquisition of status of residence, essentially following the procedures laid out in Article 22-2 (Acquisition of Status of Residence for those who become foreign nationals in Japan or are born in Japan as foreign nationals). This allows them, for instance, to apply for formal refugee status and, if recognized, potentially obtain a "Long-Term Resident" status or another appropriate status.

Consequences of Non-Compliance

Failure to adhere to the conditions of the Landing Permission for Temporary Refuge, particularly by overstaying the permitted period, has serious consequences. A foreign national who remains in Japan beyond the period stated in their Certificate of Landing Permission for Temporary Refuge becomes subject to deportation under Article 24, Item 6 of the ICRRA. Furthermore, such overstaying is a punishable offense under Article 70, Paragraph 1, Item 7 of the Act (e.g., imprisonment for up to 3 years or a fine up to 3 million yen, or both), although an exemption from punishment may apply under Article 70-2 if the person is later recognized as a refugee and meets certain conditions.

Significance and Challenges

The Landing Permission for Temporary Refuge plays a vital, if sometimes limited, role in Japan's protection framework. It offers an immediate response mechanism for individuals arriving at the border in urgent need of safety, allowing for their lawful entry and temporary stay while their longer-term protection needs can be assessed. The inclusion of "reasons equivalent thereto" alongside formal Refugee Convention grounds provides a potentially broader scope for humanitarian admission compared to the strict definition of a refugee.

However, the system also relies heavily on the discretion of immigration inspectors ("if he/she finds it appropriate"). The practical application, frequency of use, and interpretation of "equivalent reasons" and "appropriateness" can be subjects of scrutiny and depend on prevailing government policies and the specific circumstances of arrivals. The conditions imposed, especially the restriction on work, can also pose challenges for individuals during their temporary stay, potentially leading to dependence on limited public or private assistance.

Conclusion

Japan's Landing Permission for Temporary Refuge is a specialized immigration measure designed to provide urgent, short-term protection to individuals fleeing serious harm. It is distinct from, though often a precursor to, a formal refugee status determination. Eligibility hinges on the nature of the threat faced in the country of departure and a discretionary assessment by immigration authorities of the appropriateness of granting temporary landing. While offering a critical lifeline, the permission comes with strict conditions, including limitations on the period of stay and activities. Understanding this specific provision is essential for comprehending the nuances of Japan's approach to individuals seeking immediate protection at its borders.