The Immigration Control and Refugee Recognition Act

 

Chapter II: Entry and Landing, Section II: Landing of an Alien

 Article 5: Denial of Landing (partly omitted, underlined and explained by RIKI)

An alien who falls under any of the following items shall be denied permission for landing in Japan.

(i) A person who falls under … categories of infections, …

(ii) A person who, due to a mental disorder, is unable to understand right from wrong

(iii) A person who is indigent or without a fixed dwelling place

(iv) A person who has been convicted of a violation of any law or regulation of Japan … and has been sentenced to imprisonmentfor 1 year or more, … However, this shall not apply to those convicted of a political offense.

(v) A person who has been convicted of a violation of any law … of Japan or of any other country relating to … narcotics, marijuana, …

(v-2) A person who has been … deported from Japan … for killing, injuring, assaulting or threatening a person, or damaging a building … in  relation to the process or results of an international competition … =a hooligan-like person

(vi) A person who illegally possesses any narcotics or psychotropic substances

(vii) A person who has engaged in prostitution, …

(vii-2) A person who has committed trafficking in persons

(viii) A person who illegally possesses firearms, swords or other such weapons …

(ix) A person who falls under any of (a) to (d) where the period … has not yet elapsed:

(a) A person who has been denied landing for … reasons prescribed in … item (vi) or the preceding item (=(viii) — 1 year from the date of denial.

(b) A person who has been deported from Japan for …reasons set forth in … the items of Article 24 … and has not previously been deported from Japan or has not previously departed … — 5 years from the date of deportation.

(c) A person … who has previously been deported from Japan — 10 years from the date of deportation.

(d) A person who has departed from Japan under a departure order … —1 year from the date of departure.

(ix-2) A person who has been sentenced to imprisonmenton the charge of a crime

(x) A person who has been deported from Japan for falling under any of Article 24, item (iv), sub-item (l) to (o). =a terrorist-like person

(xi) A person who attempts or advocates the overthrow of the Constitution of Japan or the Government formed thereunder …

(xii) A person who organizes, or is a member of, or is closely affiliated with … the following political parties or organizations

(a) A political party or organization which encourages … the assault, killing, … of officials of the Government or of local public entities …

(b) A political party … which encourages illegal damage or destruction of public facilities

(c) A political party … which encourages … stopping or preventing normal maintenance … of security facilities of a plant or place of work

(xiii) A person who attempts to prepare, … documents or drawings to attain the objectives of any political party or organization …

(xiv) In addition to those persons listed in above items, a person whom the Minister of Justice has reasonable grounds to believe is likely to commit an act which could be detrimental to the interests or public security of Japan.

(2) Even in cases … , the Minister of Justice may deny his/her landing … = the principle of reciprocity

 

Chapter III: Procedures for Landing, Section I: Examination for Landing

Article 7-2: Certificate of Eligibility

Upon advance application by an alien intending to land in Japan … , the Minister of Justice, … may issue a certificate of eligibility stating that  the alien concerned conforms to the conditions set forth in  Article 7, paragraph (1), item (ii).

(2) The application for issuance of a certificate of eligibility … may be made by a member of staff of the organization wishing to accept the alien  concerned, or some other agent … =ex. certified administrative lawyers including Riki

 

Chapter IV: Residence and Departure, Section I: Residence, Sub-Section I: Activities during Residence

Article 19-2: Certificate of Authorization for Employment

When an application has been submitted by an alien residing in Japan, the Minister of Justice  may issue a document which certifies the eligibility of the applicant for activities related to the management of business involving income or activities for which he/she receives reward …

(2) No one shall discriminate in employing an alien for failure to show or submit the certificate … , when it is evident that the person concerned is authorized to engage in activities related to the management of business involving income or activities for which he/she receives reward.

 

Chapter IV, Section II: Change of Status of Residence, Revocation and Other Related Matters

Article 20: Change of Status of Residence

Any alien who has a status of residence may have his/her status of residence changed

(2) Any alien who wishes to have his/her status of residence changed … shall apply to the Minister of Justice for the change …

(3) When an application for above matter has been submitted …, the Minister of Justice may grant permission … However, in the case of an application submitted by a person whose status of residence is “Temporary Visitor”, permission shall not be granted …

(4) When the permission … procedures for Japanese side

(5) An auxiliary provision for Japanese side

Article 21: Extension of Period of Stay

Any alien residing in Japan may,  without changing his/her status of residence, have his/her period of stay extended.

(2) Any alien who wishes to have his/her period of stay extended … shall apply to the Minister of Justice for an extension …

(3) When the application for above matter has been submitted, the Minister of Justice may grant permission …

(4) When the permission … procedures for Japanese side

Article 22-2: Acquisition of Status of Residence

… or any alien who is to stay in Japan … through birth or for any other cause, may, …  continue to stay in Japan without acquiring a status of residence  for a period not exceeding 60 days, on and after the date of his/her … birth, or other cause.

(2) The alien … who wishes to stay in Japan for longer than 60 days, shall apply to the Minister of Justice for the acquisition of status of residence …within 30 days, on and after the date of his/her … birth, or other cause.

(3) Provisions for Japanese side

(4) Provisions for Japanese side

 

Chapter IV, Section III: Conditions for Residence

Article 24: Deportation

Any alien who falls under any of the following items may be deported from Japan …

(i) A person who has entered Japan in violation of the provisions of Article 3.

(ii) A person who has landed in Japan without obtaining permission for landing from an immigration inspector.

(ii-2) A person whose status of residence has been revoked

(ii-3) A person who has received a designated period of stay … and has stayed in Japan beyond the designated period.

(iii) A person who has forged or altered a document or drawing, has prepared a false document or drawing, or has used, possessed, transferred or lent such documents or drawings … with the intent of helping another alien to illegally receive issuance of a certificate, … for landing in Japan

(iii-2) A person who, the Minister of Justice determines, … is likely to commit a criminal act for the purpose of intimidation of the general public and of governments …

(iii-3) A person whose entry into Japan shall be prevented pursuant to an international agreement.

(iii-4) A broker-like person involved in illegal employment in Japan

(iii-5) A person who forged/altered Residence Cards

(iv) An alien residing in Japan … who falls under any of the following sub-items:

(a) A person who is clearly found to be engaged solely in activities … in violation of … Article 19, paragraph (1) …

(b) A person who has stayed in Japan beyond the period of stay authorized without obtaining an extension or change thereof.

(c) A person who has committed trafficking in persons

(d) A person who has been punished for violation of … Passport Act.

(e) A person who has been punished for violation of … Article 74 (=related to stowaways)…

(f) A person who has been punished more severely than imprisonment without work for activities mentioned in item (a).

(g) A person who is a juvenile … and has been sentenced to imprisonment … for not less than 3 years.

(h) A person who has been convictedfor violation of … the Narcotics and Psychotropic Substances Control Act …

(i) In addition to those persons listed in sub-items (d) to (h), a person who has been sentencedto imprisonmentnot less than 1 year

(j) A person who … has engaged in prostitution …

(k) A person who has stirred up, incited, or aided the illegal entry or illegal landing of another alien into Japan.

(l) A person who attempts or advocates the overthrow of the Constitution of Japan or the Government formed thereunder …

(m) A person who organizes, is a member of, or is closely affiliated with any of the following political parties or other organizations:

1. A political party or organization which encourages … the assault, killing, … of officials of the Government or of local public entities …

2. A political party … which encourages illegal damage or destruction of public facilities.

3. A political party … which encourages … stopping or preventing normal maintenance … of security facilities of a plant or place of work.

(n) A person who has prepared, … documents …  to attain the objectives of any political party or organization mentioned  above (l) to (m).

(o) In addition to those persons listed in sub-items (a) to (n), a person who, the Minister of Justice determines, has committed acts detrimental to the interests or public security of Japan.

(iv-2) A person who is staying in Japan with a status of residence … and has been sentenced to imprisonmenton the charge of a crime

(iv-3) A person whose status of residence is “Temporary Visitor”, and has illegally killed, injured … in relation to … an international competition =a hooligan-like person. See Article 5, item (v-2) above

(iv-4) A mid- to long-term resident who has been sentenced to imprisonment with work for violation of … Article 71-2 or 75-2 =against conditions for residence

(v) A person who has been granted permission for provisional landing and flees or fails … =against the provisions of Article 13

(v-2) A person who has been ordered to depart from Japan … but does not depart without delay. =against the provisions of Article 10

(vi) A person who has been granted permissions for landing mentioned in Article 14 to 18 … but stays in Japan beyond designated periods

(vi-2) A person who is against the provision of Article 16, paragraph 9

(vii) A person … who stays in Japan over 60 days without making necessary application related to Article 22-2

(viii) A person who has been given a departure order … Article 55-3, … but stays in Japan beyond the time limit for departure …

(ix) A person whose departure order has been revoked pursuant to the provisions of Article 55-6.

(x) A person who stays in Japan with permission … but whose recognition of refugee status has been revoked 

 

***

Appended Table I (arranged by Riki)

Status of Residence

1. Diplomat

2. Official

3. Professor

4. Artist

5. Religious Activities

6. Journalist

7. Highly Skilled Professional

8. Business Manager

9. Legal/Accounting Services

10. Medical Services

11. Researcher

12. Instructor

13. Engineer, Specialist in Humanities, International Services

14. Intra-company Transferee

15. Caregiver

16. Entertainer

17. Skilled Labor

18. Technical Intern

19. Cultural Activities

20. Temporary Visitor

21. Student

22. Trainee

23. Dependent

24. Designated Activities

25. Permanent Resident

26. Spouse or Child of Japanese National

27. Spouse or Child of Permanent Resident

28. Long-Term Resident

 

 

 

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