Targets of Deportation

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People who are subjects of Deportation.

“Deportation” is to lawfully send people outside Japanese Territory by force who are considered to be unfavourable for the national interest. And the definition of a person who is subject to deportation is provided by article 24 in The Immigration Law. Representative descriptions are below. Of course more detailed definitions of conditions of application are provided in the actual article.

1.A person who entered illegally.
A person who entered Japan with someone else’s passport or without a valid passport.

2.A person who landed Japan illegally.
A person landed in Japan without the landing permission regardless to the method.

3.A person who prepared or provided forged or falsified documents.
A person who prepared or provided a false passport or documents to illegally land or stay in Japan.

4.A person engaging in an activity other than that permitted by the status of residence previously granted.
A person engaging in an activity other than that permitted by the status of residence previously granted such as “an activity involving the management of business or the remuneration”.

5.An overstay.
A person stays in Japan after expiration of a visa. No extension or change of the visa is done.

6.A criminal

7.A person engaging in a work related to prostitution

8.An accessory of illegally entrance to or landing in Japan.

9.An offender against the deportation order.

Those 9 matters above are the problems related to Deportation in general. All of them who correspond to one of the above definitions have to leave Japan through the deportation procedure. The decision of what kind of person is to be banned from entry or deported is up to the discretion of each country as provided in international law as a general principle.

Precedents as basis

It can be said that the Japanese government has extremely strong authority in decision making in what kind of person is to be deported and what kind of person is permitted to stay. Followings are the precedents that show the power of the government.

It is not assured by the Japanese constitution that foreigners hold right to demand for the right of residence in Japan as well as entry to Japan.
(Law report 11.6.663, decree absolute by the Supreme Court, 4th October, 1978)

Japan is a law-governing country. So it is unusual to order “you leave this country immediately” to someone who has been living in Japan for long without reason. In International Covenant on Civil and Political Rights “First Generation Human Rights” is provided. It also articulates that “although the government has discretion in granting permission for entry and residence in its country, it does not have right to deport anyone staying legally without lawful decision”.

Article 13
An alien staying lawfully in the territory of a State Party to the Covenant may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by, and be presented by the component authority. (Directly cited from a website)

In Japan the definition of “a decision reached in accordance with law” corresponds to the deportation procedure and its result as the deportation order. Furthermore it is “Special Permission of Residence” which approves residence as exception.

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