Japan’s Immigration and Deportation Laws Explained

Introduction

Japan has a reputation for having strict immigration laws and a tightly controlled visa regime. Although Japan accepts foreign workers, students, and tourists, it also has strict immigration laws to maintain compliance. Foreigners who stay beyond their visas, break work permit regulations, engage in criminal activities, or are deemed security threats can be deported (強制送還, Kyōsei Sōkan)—the formal process of removal from Japan.

An awareness of Japan's immigration and deportation policies, legal rights of the foreigners, as well as understanding how to challenge deportation orders, is vital to anyone intending to work or live in the nation. This piece clarifies those eligible for deportation, the mechanism of deportation, legal avenues and alternatives, as well as escaping deportation in Japan.

 

1. Overview of Japan’s Immigration System

A. Who Handles Immigration in Japan?

✔ Immigration Services Agency of Japan (ISA) – Handles visas, residence, and deportation cases.

✔ Ministry of Justice (MOJ) – Regulates immigration legislation and legal appeals.

✔ National Police Agency (NPA) – Recognizes foreign criminals or overstaying foreigners.

These agencies cooperate to enforce Japan's immigration regulations and deport foreigners who break them.

 

2. Who Can Be Deported from Japan?

Japan’s Immigration Control and Refugee Recognition Act (ICRRA) specifies who is eligible to be deported from the nation.

A. Visa Overstayers

✔ Foreigners staying in Japan after the expiration of their visas risk being deported.

✔ Overstaying for just a few days may result in penalties, fines, and possible deportation.

✔ Japan does not tolerate overstays of visas unless the person requests a special stay permit.

 

B. Illegal Workers

✔ Foreigners need a valid work visa to work in Japan.

✔ Illegal employment under a tourist, student, or dependent visa violates immigration regulations.

✔ Employers and employees alike are subject to legal sanctions for illegal employment.

 

C. Criminal Offenders

✔ Foreigners who have committed serious offenses are subject to deportation.

✔ Deportable offenses include:

• Drug trafficking or drug possession.
• Theft, fraud, or financial crimes.
• Offenses involving violence (assault, robbery, sexual crimes).
• Cybercrimes or identity fraud.
  ✔ Example:  Foreigners apprehended trafficking drugs into Japan usually get deported immediately after completing a prison term.

 

D. National Security Threats

✔ The Japanese government is capable of deporting people involved in:

• Extremist movements or terrorism.
• Anti-state or Political activism that threatens national security.
• Espionage or foreign intelligence operations.
  ✔ Example: Japan has deported those who have been suspected to be affiliated with extremist organizations.

 

E. Rejected Asylum Seekers

✔ The lowest world record in accepting asylum requests is maintained by Japan.

✔ The denied applicant should be requested to depart voluntarily, but must also undergo forced deportation in case he fails to depart willingly.

✔ Example: Rejected asylum seekers every so often receive a deportation order within 30 days of rejection.

 

3. The Deportation Process in Japan

Japan's deportation procedure involves strict legal protocols.

A. Issuance of a Deportation Order

✔ The Immigration Services Agency (ISA)  ISA issues a notice of deportation to those who contravene immigration laws.

✔ The order includes:

• Reason for deportation.
• Deadline for voluntary departure (if applicable).
• Legal appeal options.

 

B. Voluntary Departure Option

✔ Some foreigners are allowed to voluntarily depart Japan to escape forced deportation.

✔ Those who voluntarily report visa overstays can be given a Special Permission to Stay in lieu of deportation.

✔ Voluntary departure prevents a long-term re-entry ban.

 

C. Immigration Detention Centers

✔ If the individual does not voluntarily depart, he or she will be detained at an immigration detention center until deportation is planned.

✔ Detention centers in Tokyo (Shinagawa), Osaka, and Nagoya detention centers detain deportees pending removal.

✔ Others wait weeks or months before they are deported.

 

D. Forced Removal by Authorities

✔ If deportation is approved, the Japanese government books return flights to the deportee's native country.

✔ Immigration officers accompany deportees to the airport and supervise their departure.

✔Japan takes fingerprints and biometric information, blocking re-entry for prohibited individuals.

 

E. Travel Ban & Re-Entry Restrictions

✔ Deportees can be forbidden from entry to Japan for 5 years or forever.

✔ Special permission can be issued to re-enter for humanitarian or commercial purposes.

 

4. How to Challenge a Deportation Order in Japan

Foreigners facing deportation may appeal their case under Japanese law.

A. Appeal to the Immigration Review Board

✔ A deportation order can be challenged within 7 to 30 days after issuance.

✔ A lawyer can argue for special residency status or humanitarian protection.

✔ If successful, the deportation order is canceled.

 

B. Applying for Special Permission to Stay (在留特別許可, Zairyū Tokubetsu Kyoka)

✔ The Minister of Justice may grant a Special Permission to Stay in Japan for:

• Foreigners married to a Japanese citizen.
• Long-term residents with strong social ties in Japan.
• Individuals facing persecution in their home country.

 

C. Judicial Appeal in Japanese Courts

✔ If the immigration review is denied, a legal appeal can be filed in court.

✔ The court reviews the case for legal errors in the deportation process.

✔ Example: Courts have overturned deportations in cases where individuals had Japanese family members.

 

5. Can Deported Individuals Return to Japan?

✔ Temporary bans (5-10 years) apply for visa overstays.

✔ Permanent bans apply for criminal offenses and national security threats.

✔ Some individuals may apply for re-entry under special circumstances.

 

6. How Foreigners Can Avoid Deportation in Japan

✔ Follow Visa Rules – Always renew visas on time and maintain legal status.

✔ Work Legally – Only work with a valid work permit or proper visa category.

✔ Respect Japanese Laws – Avoid criminal activities and visa fraud.

✔ Report Visa Overstays – Self-reporting may lead to leniency instead of deportation.

✔ Seek Legal Help Early – If facing immigration issues, consult a lawyer before deportation proceedings begin.

 

7. Conclusion

Japan has rigorous deportation and immigration laws under the Immigration Control and Refugee Recognition Act (ICRRA). Foreigners are deportable for overstaying visas, illegal employment, criminal activity, or national security threats. The Immigration Services Agency (ISA) and Japanese courts deal with deportation cases, but certain individuals have legal rights to appeal.

By complying with visa laws, abiding by Japanese legislation, and getting legal assistance, expats and migrants can safeguard their legal status and prevent deportation from Japan.

Declaration:

The details in this article are for general information only. We urge readers to make their own investigations and cross-check facts with official sources before making a decision. We do not make any guarantee as to the accuracy of the information, and we accept no responsibility for any outcome resulting from the use of the information.

 

References

1. Immigration Services Agency of Japan (ISA) – www.moj.go.jp/isa
2. Ministry of Justice – Immigration Laws & Regulations – www.moj.go.jp
3. Japan National Police Agency (NPA) – Foreigners & Immigration Violations – www.npa.go.jp
4. Tokyo Immigration Detention Center (Shinagawa) – www.immigration.go.jp
5. Japan’s Refugee Recognition & Asylum Process – www.unhcr.org/japan