Japan: Guide to the Procedure for Recognition of Refugee Status
| Publisher | National Legislative Bodies / National Authorities |
| Publication Date | 1 January 1994 |
| Cite as | National Legislative Bodies / National Authorities, Japan: Guide to the Procedure for Recognition of Refugee Status, 1 January 1994, available at: https://www.refworld.org/docid/3ae6b4eb1c.html [accessed 22 May 2023] |
| Comments | This is the official translation as published by the Immigration Bureau of the Ministry of Justice in 1994. The Appendixes referred to in the table of contents are omitted here. |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
SECTION 1 - OUTLINE OF REFUGEE RECOGNITION SYSTEM OF JAPAN
As the Convention Relating to the Status of Refugees and the Protocol Relating to the Status of Refugees (hereinafter referred to as "the Refugee Treaties") were put into effect for Japan in 1982, the system of refugee recognition was established for the purpose of domestic implementation of these provisions of the treaties. Under this system, an alien who seeks to avail himself of the protection as a refugee prescribed in the treaties (see SECTION 2) is required to apply for refugee recognition and be recognized as a refugee by the Minister of Justice. The word "refugee" here means the refugee defined in Article 1 of the Refugee Treaties: a person who is outside the country of his nationality owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of particular social group or political opinion and is unable or unwilling to avail himself of the protection of that country. The procedure for refugee recognition is to determine if an alien is eligible for the status of refugee or not (Regarding the details of the application procedure, see SECTION 3).SECTION 2 - RIGHTS OR BENEFITS ENJOYABLE FOR AN ALIEN RECOGNIZED AS A REFUGEE
The following are the examples of the rights or benefits which an alien recognized as a refugee is entitled to enjoy. 1. Issuance of Refugee Travel DocumentAn alien recognized as a refugee may be issued a Refugee Travel Document when he/she wishes to travel abroad, An alien with a Refugee Travel Document may enter Japan during the re-entry period prescribed in the document.
2. Laxation of Condition for Permanent Residence PermitWhen an alien staying in Japan wants to obtain permission for permanent residence, he must meet the following two conditions.
(i)He/she is of good conduct.
(ii)He/she has sufficient income, assets or ability to support him/ herself.
An alien staying in Japan with the refugee status may be granted permission for permanent residence at the discretion of the Minister of Justice even if he/she does not meet the second condition.
3. Exceptional Treatment by Minister of JusticeAn alien recognized as a refugee may be given special consideration when the Minister of Justice decides on special permission for residence even if the reasons for deportation are found and the deportation procedure is instituted.
4. Various Rights Stipulated in the Refugee TreatiesAn alien recognized as a refugee may receive the same treatment is a Japanese national with regard to various rights stipulated in the Refugee Treaties, including, primary education, public relief and aid (Minimum Living Expense Allowance, job procurement, etc.), and social security (National Pension Plan, National Health Insurance, Child Support Allowance, etc.)
SECTION 3 - PROCEDURE FOR RECOGNITION OF REFUGEE STATUS
1. Application Procedure(1) Application Period
An alien who seeks to be recognized as a refugee must apply for recognition of refugee status within sixty days from the date of his/her landing in Japan. If circumstances that makes him/her a refugee arise while he/she is staying in Japan, the period starts from the day when he/she becomes aware of the occurrence of such facts. Those who could not make application within the sixty days for unavoidable reasons such as accidents or illness, however, may apply, as an exception to the rule, even after the period has passed.
(2) Office of Application
Application for recognition of refugee status is accepted by a regional immigration bureau, its district immigration office or its branch office (refer to the LIST OF IMMIGRATION OFFICES, APPENDIX I of this pamphlet) which has jurisdiction over the place of residence or of temporary lodging of the applicant.
An applicant shall appear in person in order to make the application.
If the applicant is a minorunder 16 years of age or cannot appear in person because of illness or other physical disability, application may be made by his parent, spouse, child or another relative.
The following is the list of divisions in charge of the application of each regional immigration bureau.
Tokyo Regional Immigration Bureau:Permanent Residence and Refugee Division
Osaka Regional Immigration Bureau:Employment and Permanent Residence Division
Nagoya Regional Immigration Bureau, Hiroshima Regional Immigration Bureau, Fukuoka Regional Immigration Bureau: Entry and Status Division
Sendai Regional Immigration Bureau, Sapporo Regional Immigration Bureau, Takamatsu Regional Immigration Bureau:Status Division
(3) Necessary Documents for Application
The following documents should be prepared for an application. (An alien who cannot fill out an Application Form because of illiteracy or physical disability may make oral statements on the matters to an immigration inspector or to a refugee inquirer in lieu of the application form.)
(i)Documents to be submitted
a. Application for Recognition of Refugee Status (application form available at the office of application) 2 copies
b. Material showing that the applicant is a refugee (The applicant may submit a statement to assert that he is a refugee instead) 2 copies
c. Photograph (a 5x5 cm bare-headed, full face, bust photograph taken within two months of the day of submission with the applicant's full name and date of birth on the back) 2 copies
(ii)Documents to be shown
a. Passport or Certificate of Status of Residence (An alien who cannot show either a passport or a Certificate of Status of Residence is requested to submit two copies of a written statement of reasons for such failure.)
b. Certificate of Alien Registration
c. When an alien has entered by crew member's landing, emergency landing, landing due to disaster or landing for temporary refuge, he is requested to produce such permits.
d. Permit for Provisional Release in the case of an alien under provisional release
(4) Proof of Refugee Status
Recognition of refugee status will be based on the materials submitted by the applicant. Therefore, an applicant him/herself is expected to Prove that he/she is a refugee by substantial Evidences or by testimony of persons concerned.
When sufficient proof cannot be established from the materials submitted by the applicant, a refugee inquirer will inquire into the facts stated by the applicant through interview with the applicant or reference to public offices, etc.
2. Issuance of Certificate of Refugee StatusA Certificate of Refugee Status is issued to an alien who is recognized as a refugee by the Minister of Justice. When seeking various protection measures as a refugee, the refugee can present this Certificate to prove his/her status as a refugee.
SECTION 4 - APPEAL
1. AppellantAn alien who was not recognized as a refugee despite application for recognition of refugee status or whose recognition of refugee status was revoked after being recognized as a refugee (See Section 6) may file an appeal to the Minister of Justice.
2. Period to File an AppealAn appeal must be filed within seven days from the date the alien receives the notice of refusal of refugee status or of revocation of refugee status.
3. Office for Filing an AppealAn appeal can be filed at a regional immigration bureau, its district office or its branch office as in the case of an application for recognition of refugee status. The following is the list of offices to file an appeal at the respective regional immigration bureaus.
An appeal may be filed by proxy or by sending the necessary documents by mail.
Tokyo Regional Immigration Bureau, Osaka Regional Immigration Bureau, Nagoya Regional Immigration Bureau,Hiroshima Regional Immigration Bureau, Fukuoka Regional Immigration Bureau: Adjudication Division
Sendai Regional Immigration Bureau, Sapporo Regional Immigration Bureau, Takamatsu Regional Immigration Bureau:
Status Division
4. Necessary Documents for Filing an AppealThe following documents must be submitted,
a. Appeal Form (form available at the office) 2 copies
b. Material showing the reasons for objection (The appellant may submit a written statement of reasons for objection.)2 copies
SECTION 5 - REFUGEE TRAVEL DOCUMENT
1. Office of ApplicationThe office of application for issuance of Refugee Travel Document is the same as the office of application for recognition of refugee status (See SECTION 3.1.(2)). An applicant must make the application by appearing in person, but applications may be made by proxy in the case of minors under 16 years of age and certain other persons.
2. Necessary Documents(1) Documents to be submitted
a. Application for Refugee Travel Document (application form available at the office) 2 copies
b. Photograph (a 5 x 5 cm, bare-headed, full face, bust photograph taken within two month.,; before the day of submission with the applicant's full name and date of birth on the back)2 copies
(2) Documents to be shown
a. Passport or Certificate of Status of Residence (An alien who cannot show either, a Passport or a Certificate of Status of Residence is requested to submit two copies of a written statement of reasons for such failure
b. Certificate of Alien Registration
c. The Landing Permit for Temporary Refuge in the case of an alien who is entered by landing permission for temporary refuge
d. Certificate of Refugee Status
3. Period of Validity of Refugee Travel DocumentThe Refugee Travel Document is valid for one year. The holder may leave and enter Japan as many times as he/she wishes during the period of validity. When, however, regardless of the validity of the Refugee Travel Document, the remaining authorized period of stay in Japan is less than one year, the holder must enter Japan before the authorized period of stay expires. The authorized period of entry into Japan is shown at item 2 on the First page of the Refugee Travel Document. The holder of the Refugee Travel Document is always expected to make sure of the authorized period of entry into Japan and not to confuse it with the period of validity of the Refugee Travel Document.
4. Extension of the Period of Validity of Refugee Travel DocumentWhen an alien with a Refugee Travel Document fails to enter Japan within its validity for justifiable reasons, he may apply for extension of the period of validity to the nearest Japanese embassy or consulate. The extended period cannot exceed six months.
In case the holder loses his RefugeeTravel Document in a foreign country, it can be reissued. To request the reissuance, he/she must send an Application for Reissuance of Refugee Travel Document (application form available at Japanese embassies or consulates) to the regional immigration bureau which issued the original Refugee Travel Document.
5. FeeUpon the issuance of a Refugee Travel Document, a fee of 5,000 yen will be charged. For in extension of the period of validity of a Refugee Travel Document in a foreign country, a fee in the currency of that country corresponding to the amount of 2,500 yen will be charged.
SECTION 6 - REVOCATION OF RECOGNITION OF REFUGEE STATUS
An alien recognized as a refugee will have his/her, refugee status revoked when he/she falls under the conditions prescribed in the cessation clauses or the exclusion clauses of Article I of the Refugee Treaties. Some of these conditions are as follows.a. A refugee has voluntarily re-availed him/herself of the protection of the country of his nationality.
b. A refugee has acquired a new nationality, and enjoys the protection of the country of that nationality.
c. A refugee has voluntarily re-established him/herself in the country which he/she left or which he/she remained outside owing to fear of persecution.
d. A refugee can no longer claim grounds to refuse to avail him/herself of the protection of the country of his/her nationality because the circumstances in connection with which he/she has been recognized as a refugee have ceased to exist.
An alien who has his/her refugee status revoked must return his/her Certificate of Refugee Status (and his/her Refugee Travel Document if issued) to the Immigration Office.
An Alien who has his/her refugee status revoked may file an appeal to the Minister of Justice within seven days of its notice in accordance with the appeal procedure as mentioned in SECTION 4.
