The revised Immigration Control and Refugee Recognition Act (referred to as the Immigration Act) came into effect on Monday, June 10. This law allows for the deportation of individuals who have applied for refugee status three or more times without providing valid reasons for their applications.
Media reports have indicated that valid reasons for application include conflicts erupting in the applicants’ home countries, among others. The application materials do not have a fixed format, and even oral explanations are acceptable. The Japanese government is working to address the issue of foreign nationals losing their residency status but continuing to stay in Japan by exploiting the refugee application process.
According to statistics from the Japanese Ministry of Justice, as of the end of 2022, a total of 4,233 foreign nationals have been ordered to be deported but have refused to leave Japan. As of the end of 2021, out of the 3,224 individuals who refused to depart, approximately half were in the process of applying for political asylum.
Since 2010, Japan has allowed foreign nationals seeking asylum to work if their application review period exceeds six months. This significantly increased the number of individuals hoping to work in Japan while seeking asylum. In 2017, the number of refugee applications surged to around 20,000.
Subsequently, the Japanese government ceased the provision allowing employment and began in 2018 to reject residency status for cases that clearly did not qualify for refugee status.
Japan has long been known for its low refugee acceptance rate. In 2019, only 44 individuals were granted refugee status, accounting for just 0.42% of the total applications. In 2023, out of 8,184 applications Japan received, only 3.5%, or 289 individuals, were granted refugee status. Among them, 14 individuals were approved after being initially rejected and reapplying.
Japan signed the Refugee Convention in 1981. In September 2022, the Japan Federation of Bar Associations issued an opinion stating that the Japanese government’s practices deviate from the “international interpretive standards” of the convention, with limited interpretations by the administrative and judicial branches of their obligations.
Critics also argue that the refugee application process itself is very strict, and if someone is deported during the application process, individuals who could face persecution in their home countries may not receive protection.
The Immigration Control Act, enacted on October 4, 1951, is a law that regulates entry and stay in Japan, illegal stay, and procedures for determining refugee status.
To address the issue of the prolonged stay of illegal immigrants, the Japanese government launched a revision of the Immigration Control Act in 2021. However, that year, a Sri Lankan woman with an expired visa died while in immigration detention due to lack of proper medical treatment. This incident sparked strong criticism in Japan against the proposed amendment, leading to its withdrawal.
The newly effective law mostly maintains the content from 2021. Under the revised law, foreign nationals undergoing deportation procedures conditionally may not be forcibly detained. However, the necessity of detention will be reviewed every three months, including assessing the risk of escape. Guardians are obligated to regularly report to immigration authorities.
Additionally, a supplementary system has been included to recognize and accept individuals fleeing conflict zones (such as Ukraine facing Russian aggression) as “quasi-refugees,” a system that has already taken effect.
Justice Minister Ryosuke Koizumi stated in a press conference on May 28, “We will ensure that those who deserve protection receive it, while those who violate regulations will face strict measures.”