Re-Examination

Visa Application service for Special Permission for Residence >  Information for Overstays.  > Re-Examination

Re-examination Request.

 To request a Re-examination means someone already decided to be deported by a deportation order literally request of re-examination on the ground of a change in the family situation or else after the issue of the order.

 For example a request of the examination is often seen when marriage is solemnized after deportation order was issued. In this case all examinations in the deportation procedure are finalized and deportation is decided. A request of a re-examination is to turn the decision upside down and request of an examination under the new situation, then apply for the Special Permission for Residence.

 However it is not approved by law to “request of a re-examination” like just as “the Special Permission for Residence”. That means there is not time restriction for the re-examination. In many cases it takes long period of time. Similarly there is no time restriction in detention and it may be the case that the detention lasts for a year or two, although the maximum period of detention is 60 days by detention order as mentioned earlier because the request is made after the issue of the order, as mentioned earlier, because the request is to be made after the issue of the order.

Article 52

 Furthermore for request of re-examination it is rare that provisional release is approved unless there is a special situation to consider. In most of the cases the applicant wait while detained. Of course some applicants were granted of a status of residence with only a few month of detention. But it is also a case that a status of residence is not granted after 2 years of detention.

 The place of detention is not clear either although there are 3 detention centres: East Japan Immigration Control Centre (Ibaraki), West Japan Immigration Control Centre (Osaka), and Omura Immigration Control Centre (Nagasaki) because the place is decided according to the availability. In an extreme case an alien lived in Tokyo was detained in Omura Immigration Control Centre in Nagasaki. In this situation even if the detainee had a family or a fiancée they cannot visit so often. And the detainee had to wait for the result of the re-examination which he/she never knew when.

 Inevitably such a situation becomes a heavy burden for them as well as for the detainee. It is advised to give up on making the request unless a visa is high likely to be granted.

 Although the Barred Period is normally 5 years if deported without Re-examination the person can live in his/her country without restrictions and the family or the fiancée can meet him/her in the country. It is expected to reduce the burden on the family or the fiancée if a regular visa is granted with “the Certificate of Eligibility for Status of Residence” or “the Special Permission for Landing” when the right time comes.

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