Special Permission for Residence is in Deportation Process

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Special Permission of Residence as part of Deportation Procedure

General deportation procedure is as follows.
① Turn-in or detention
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② Investigation on violation by an immigration Guard.
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③ Examination on violation by an immigration Officer
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④ Hearing by a Special Examiner
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⑤ Objection
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⑥ Decision by the Minister of Justice
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⑦ Special Permission for Residence granted or deportation.

When aliens of overstays, illegal enterers, and those entered Japan with false passports, are present at Immigration Bureau and go through the deportation procedure, firstly an Officer conducts investigations of violation.

The article 28 of Immigration Control Act (Request of required investigation and report) provides that Immigration guards are authorized to conduct necessary interrogations for examinations of violations. The methods are divided into 2 parts: arbitrary and compulsory.

Normally arbitrary investigation is conducted, filing arbitrary submitted statement and proof. Whereas compulsory investigation is to investigate forcibly regardless to the will of the alien who violated the law and it involves detention authorized by Article 39 (detention) and Article 43 (incidents requiring immediate action). If detained it is possible to detain him/her for maximum period of 60 days. This is provided in article 41 of Immigration Law (The detention period, the venue, and entrustment of the detension to third party) that detention of suspects is normally 30 days, but it is extended to 60 days if it is acknowledged that there is inevitable reason for the extension of another 30 days.

Those who ignored deportation order in the past and who engaging in vicious criminal activity are likely to be detained. But it is unlike that those who turned themselves in to marry Japanese (at-home accusation) are detained.

After the end of the investigation the violator is transferred from the Immigration Guard to an Immigration Officer. Detention and provisional release are done at this time. Although it is called detention and provisional release the number of cases of actual detention is few. Paperwork for detention and provisional release are completed at same time. This ascribes to the problem in the law interpretation.

 In many cases it is to create a fact that the violator has been detained and released provisionally by completing the paperwork for both procedures at same time because there is a provision in the Immigration Law that “the all aliens subjected to deportation must be detained”.

 So normally the certificate of permission of provisional release is issued at same time as detention unless it is judged he/she is unlikely to escape and the case is vicious. But in some cases bond is required. Although the amount provided by the law is less than \3,000,000, in many cases it is from \0 to \2~300,000 depending on the detainee’s financial situation.

 After the certificate issued the date to appear at an Immigration Bureau is decided. It is his/her duty to go to an Immigration Bureau once or twice a month or two. While on the provisional release there are restrictions in living place and in travel distance. It is advised to those on provisional release to report to an Immigration Bureau in advance if they have to travel long distance.

After the provisional release is done an examination on violation is carried out by an immigration officer next. Originally this examination is to double check the result of the investigation carried out by an immigration guard. If an alien of no violation is involved in the investigation he/she can be saved at this stage. But generally this is a supplementary examination of that carried out by an immigration guard because there is no doubt that he/she is a subject to deportation as he/she turn him/herself in so as to marry a Japanese.

 It is often the case that matters such as any change in living environment are asked on first appearance at an Immigration Bureau. Then if he/she decides the person is subjected to deportation by the examination, he/she notifies the violator that he/she can have a hearing within 3 days. If he/she does not wish to have a hearing and agrees with the result of the examination he/she signs a paper that states he/she does not wish to request to have a hearing. Then written form of deportation order is issued and he/she is deported.

So if he/she wants to stay in Japan he/she has to request a hearing after the examination. The hearing is to reexamine the result and to give an opportunity to justify and defend him/herself. In this case as well he/she recognizes him/herself as a subject to be deported, therefore, appeared at an Immigration Bureau. So there is little doubt in accuracy of the result.

As the result is accurate he/she is given a “result of the examination” that states the result has no error in the examination. If there is objection against the result and wish to have decision by the Minister of Justice the “objection letter” is to be submitted within 3 days after the result received. If the Minister of Justice is convinced that “there is a fair reason in this objection” the Special Permission for Residence and a regular visa are granted.

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 To sum up normally aliens are given 3 chances for justification for overstaying or other prohibited activities during the deportation procedure. First time with an Immigration Officer when an examination is taking place. Second time with a Special Examiner while hearing takes place. And third time with the Minister of Justice when taking votes for the objection.

The basic process for each section is ①Investigation ②Judge ③Judge. This is repeated 3 times, then a decision is made. So if the person signs on a paper saying “the judge is correct. I do not intend to file next objection”, immediately a written form of Deportation Order is issued and he/she will be deported. Please keep in mind of this when signing the form.

Here rough explanations on the Deportation Procedure are given. But they are nothing but general ones. It does not always mean that the procedure takes place as shown here because lately in some cases a part of the procedure is simplified according to the cases.

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