城田行政書士事務所

CATEGORYREFUGEEVISA APPLICATION

Can we foreigners stay in Japan as refugees?

In Japan, the situation of refugee status determination is very severe.

What kind of people are refugees

With refugees

The definition of refugees under the Immigration Control and Refugee Recognition Act, that is, refugees protected in Japan, shall be defined in accordance with the provisions of Article 1 of the The Convention Relating to the Status of Refugees (hereinafter referred to as "the 1951 Refugee Convention") or Article 1 of Protocol Relating to the Status of Refugees.
And it refers to the refugees who are subject to the 1951 Refugee Convention.

In other words, refugees mean "As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."

The point is to have a well-founded fear that you may be persecuted based on any one of the following reasons: 1 race, 2 religion, 3 nationality, 4 members of a particular social group, 5 political opinion.

By the way, people who have escaped from natural disasters, poverty, and hunger may seem like refugees in the general sense of the word, but they are not refugees under the 1951 Refugee Convention.

Does Japan need to protect refugees?

Japan has joined "the 1951 Refugee Convention" in 1959, and has an obligation to protect refugees.

Current Status of Refugee Recognition

The number of refugees recognized in Japan is extremely small compared to other countries.

The total accreditation rate is around 30 to 40 people a year, and the total accreditation rate is at most 5%, and some years are less than 1%.

It takes an average of 37 months for the first assessment of refugee status.
And it takes an average of about 70 months if you are finally recognized as a refugee through objection.

In other words, the current status of refugee status determination in Japan, in addition to low refugee status, seems to require a considerable amount of time to be recognized as a refugee.

About application procedure

About application procedure

In principle, foreigners who intend to apply will make an application to the Regional Immigration Services Agency of Japan.

In addition, there is no limit in the current law to this refugee status application.

As a point of caution

Throughout the interviews below, it seems important that the description and statement be consistent.

About the interview

Once the application is made, the refugee investigator will hear it.

At present, this interview is supposed to be impossible for even a lawyer.

About review of operation of refugee recognition application

In September 2015, the Ministry of Justice reviewed the operation of the refugee recognition system in order to promote prompt and reliable asylum for true refugees.
However, there is still a rapid increase in abuse and misapplication applications, which seems to cause problems in the prompt protection of real refugees.
Therefore, the Ministry of Justice conducted a further review in January 2020.

The contents are ...

  • In the initial application, there will be a period for distributing the contents of the project, and on the basis of the result of the distribution, take measures on residence status (resident permit, residence restriction, employment permit, employment restriction) promptly.
  • Applicants who are considered to be likely to be refugees under the 1951 Refugee Convention will be given a status of residence that allows them to work promptly, and further consideration will be given.
  • Applicants claiming circumstances that do not clearly fall under the 1951 Refugee Convention on the first application will not be granted residence (residence restriction).
  • Even if applicants does not be restricted their residence, those who applied for after having gone out of activities that fall under the status of residence does not have permission to work (restriction on employment), and the length of stay will be shortened to 3 months.

For details, please visit the following Ministry of Justice website.

法務省

About appeal examination request procedure

    

About appeal examination request procedure

In preparation.

    

As a point of caution

In preparation.

Relationship with the lawsuit

Relationship with the lawsuit

In preparation.

Title TBD

In preparation.

Relationship with status of residence

If you have a status of residence

If you have a status of residence at the time of application for refugee status determination, It seems that change of status of residence or renewal of period of stay is normal.

In the case of "Temporary Visitor," it seems to be an operation that is changed to "Designated Activities."

However, if the objection is dismissed and the administrative procedure is completed, the renewal will not be possible.

If you do not have status of residence

Even if you do not qualify for residence at the time of application for refugee status, if you do not fall under a certain exclusion event, you will be granted the status of temporary stay.

However, the number of temporary stays allowed is quite small.

Foreigners who do not have status of residence do not receive a status of residence even if they apply for refugee status determination, so if the temporary stay is not permitted, they will become non-authorized residence.
Therefore, the deportation procedure starts.
However, even in this case, the repatriation will not be effective, so it will not be repatriated from Japan until the procedure for applying for refugee status is completed.
However, in some cases, there is a possibility of containing, so be careful.

If you are certified

If you are certified as a refugee

In preparation.

About acquisition of Japanese nationality

In preparation.

If you are not certified

If you get Special permission to stay by the Minister of Justice permit

In preparation.

If you did not get Special permission to stay by the Minister of Justice permit

In preparation.

What we can help

  • At our office, we are available for consultation with refugees.
    Please do not hesitate to contact us.