Silviase/jgov_v1.4_full_ann huggingface dataset:
## 2 Applying the Preferential Regulatory Measures of Special Rules for the Immigration Control Act in Accordance with the Law on the Special Zones for Structural Reform Nationwide

Under the system of the special zones for structural reform (Special Zone), the Project for Further Acceptance of Foreign Researchers and the Project for Further Acceptance of Foreign Data Processing Engineers $ ^{*} $ were implemented as exceptions to the Immigration Control Act.

These preferential regulatory measures in the special zones are evaluated by the Evaluation Committee of the Headquarters for the Promotion of Special Zones for Structural Reform (HPSZSR). If the Evaluation Committee finds that there are no problems with a preferential measure, the government will immediately apply it nationwide. The Evaluation Committee assessed the project to further accept foreign researchers to Japan and the project to further accept foreign data processing engineers to Japan as not causing any adverse effect due to preferential regulatory measures. Consequently, the HPSZSR decided to apply these projects nationwide in September 2004 and in February 2005. Moreover, in October 2005, as an item of regulatory reform to be implemented nationwide, the HPSZSR decided to extend the maximum period of stay for foreign professors who are not covered by preferential regulatory measures under the Project For further Acceptance of Foreign Researchers from three years to five years.

Following these decisions, the Act for Partial Amendment to the Immigration Control and Refugee Recognition Act, which includes the preparation of regulations to implement nationwide preferential measures already stipulated in the Special Zones Law, was passed and enacted in the 164th session of the Diet. Based on this, preferential measures related to statuses of residence that are stipulated in the Special Zones Law, namely (i) designated research activities, (ii) designated research business activities, (iii) designated dependent's activities concerning (i) or (ii), (iv) designated data processing activities, (v) designated dependent's activities concerning (iv) and measures equivalent to the above, (vi) foreign professor's educational activities and (vii) foreign professor's dependent's activities, were all stipulated as "Designated Activities," which is the state of residence under the Immigration Control Act, and the maximum period of stay was extended from three years to five years.

This regulation has been implemented since November 24, 2006.
biotechnology, the environment) that will create new business through the development of new technologies and services and will play an important role in industrial development, the maximum period of stay applicable to data processing engineers who are expected to be employed for more than three years in this industry at places of business located in the special zones has been extended from three years to five years.

## 3 Revision of the Official Gazette of "Designated Activities" Regarding the Acceptance of Parents of Those Engaged in Designated Research Activities and Designated Data Processing Activities

In February 2006, the Headquarters for the Promotion of Special Zones for Structural Reform (HPSZSR) made a decision on revision of the official gazette by the Ministry of Justice to allow the parents of foreign national researchers and engineers covered by the preferential measures mentioned in the above 2, who live together as dependents and cannot themselves earn an income, to enter Japan under certain requirements. The HPSZSR concluded that measures should be taken before the end of FY 2006.

Following this decision, there was an addition to the official gazette of Designated Activities: "daily activities of those who live together with foreign nationals staying in Japan with designated activities listed in the lower column of Appendix Table 1-5 of the Immigration Control Act (limited to parts related to (a) or (b)), and are either the mother or father of said foreign national or mother or father of the foreign national's spouse who are dependants of the foreign national (limited to those who lived together as the dependants of the foreign national and who move to Japan together with the foreign national)." (Revised March 23, 2007, enforced the same day)

## 4 Granting of Stable Positions to Foreign Nationals in Technical and Technological Fields Entering Japan under Contracts Concluded between Foreign Companies and Japan

With respect to the statuses of residence of "Researcher", "Engineer", "Specialist in Humanities/International Services" and "Skilled Labor," it is required that the foreign national be engaged in activities under "a contract between a public or private organization in Japan and the foreign national". However, based on the Three-Year Program for Promoting Regulatory Reform (revised again), approved in a Cabinet meeting on March 31, 2006, it was decided to announce again that even if the nominal parties of the contract are "a foreign company and a public or private organization in Japan" it is possible for a foreign national to enter and reside in Japan if it is confirmed that the foreign national and a public or private organization in Japan have concluded a contract, and if other requirements related to these statuses of residence are met.

Following this decision, matters to be confirmed in contracts submitted from foreign nationals (including clear specification of the fact that a public or private organization in Japan and the foreign national have concluded a labor contract) have been listed, and when these matters have been
confirmed, it is regarded that "a labor contract has been concluded between the foreign national and a public or private organization in Japan" even in cases where the nominal parties of the contract are a foreign public or private organization and a public or private organization in Japan, and will be treated as having fulfilled the requirement of being "engaged in activities under a contract with a public or private organization in Japan".

## Section 4 ♦ Appropriate and Smooth Promotion and Further Enrichment of Training and Technical Internship Programs

## 1 Projects for Promoting Human Resource Development through Acceptance of Foreign Trainees

In some geographical areas, small and medium-sized enterprises possess major technological skills in specific industries. On October 1, 2003, as part of the preferential measures for the special zones for structural reforms, the Ministry of Justice designated measures for the special rules to partially ease the limit on the number of trainees to be accepted when the industry in the special zone has a close economic relationship with the country that sends the trainees.

## 2 Association Managed Training

As a result of a survey on the actual conditions of the acceptance of trainees under so-called "association managed training", 28 trade associations (so-called primary accepting entities) and 190 organizations wherein on-the-job training was implemented (so-called secondary accepting entities) were judged to have committed improper conduct as of 2006.

Major examples of improper conduct included providing false information in the application forms submitted to the Immigration Bureau for primary accepting entities. Specifically, there were cases where there were differences between information provided in the audit reports on member firms (the secondary accepting entities) and the actual situation, and documents were submitted stating a false location for where the training was implemented.

For secondary accepting entities, there were cases where training was not implemented in the entities submitted in the application but at other entities, where trainees were engaged in overtime work, or where technical interns were employed in a way which violated the labor laws.

## 3 Review of Training and the Technical Internship Programs

Analysis of the training and the technical internship programs showed cases where the original purport of the program, that is international contribution through skill transfer, was not properly
understood, and the trainees were in reality treated as low-wage laborers. This has led to calls for review of the program. In this context, it was pointed out in the "Three-Year Program for Promoting Regulatory Reform (approved in a Cabinet meeting on June 22, 2007)" that measures should be taken to provide legal protection for trainees receiving on-the-job training and that related laws to streamline the status of residence for technical interns should be submitted, at least by the ordinary Diet session in 2009. Based on these opinions, consideration will be continuously given to review of the program, by also taking into account the state of discussions in the related ministries and agencies.

## Section 5 ♦ Promoting Academic, Cultural and Youth Exchange, and Smooth and Appropriate Acceptance of Foreign Students

## 1 Ensuring More Stringent Examination of Applicants for the Statuses of Residence of "College Student" and "Pre-college Student"

Since 1983, following the 100,000 Foreign Students Plan, the Japanese government has been actively promoting the acceptance of students from abroad as its basic policy.

However, the percentage of overstayers with "College Student" has been rising in recent years(Chart 19, Table 41), and crimes committed by foreign students have become a serious social problem. Furthermore, illegal workers are entering Japan pretending to be a student, and many foreign students are engaging in activities not permitted by their status of residence. Due to such changes in circumstances concerning foreign students, in November 2003, the Immigration Bureau started to give consideration, as an important issue for examination, to whether or not applicants for the status of "College Student" or the status of "Pre-college Student" have the intention or ability to study and the capability to pay the expenses required for study, and has been aiming at examining applicants much more stringently.

Table 41 : Changes in the number and percentage of overstayers who entered Japan with "College Student" and "Pre-college Student"

(People)

Division	Date	January 1 2001	January 1 2002	January 1 2003	January 1 2004	January 1 2005	January 1 2006	January 1 2007
Total number of overstayers	232,121	224,067	220,552	219,418	207,299	193,745	170,839
College Student	4,401	4,442	5,450	6,672	8,173	7,628	7,448
Percentage of total (%)	1.9	2.0	2.5	3.0	3.9	3.9	4.4
Pre-college Student	10,025	9,953	9,779	9,511	8,506	7,307	5,281
Percentage of total (%)	4.3	4.4	4.4	4.3	4.1	3.8	3.1
Chart 19 : Changes in the percentage of overstayers who entered with "College Student" and "Pre-college Student"

## 2 Instructions to Problematic Educational Institutions

Some educational institutions did not manage the enrolled students properly as they had not sufficiently confirmed the intention of the candidates to study or their capacity to pay expenses when screening, or had not verified the addresses of the students or their part-time work behavior. From this viewpoint, the Immigration Bureau conducted a survey to identify the actual conditions of educational institutions in FY 2006.

Moreover, the Immigration Bureau required that the educational institutions in which a student charged with illegal work or arrested for a penal code offense was enrolled, submit a report on the method of screening students and the method of managing enrolled students, and that the situation be thoroughly improved.

In addition, based on the current condition that a considerable number of foreign students are overstaying in Japan, the Immigration Bureau informed universities, technical colleges and Japanese language schools of the proper management of enrolled students through conferences and other opportunities.
# Chapter 4 Deportation Procedures

# Section 1 ☐ Measures against Illegal Foreign Residents

## 1 Enhancing Detection Capabilities through Measures Including the Enhancement of Detection Task Forces

There are thought to be about 200,000 foreign nationals staying illegally in Japan, most of whom are considered to be engaged in illegal employment. As these illegal foreign residents are working illegally in Japan for longer periods, their places of labor and residence are dispersing and their numbers are decreasing.

In addition, there is still a large number of legal residents such as college students or pre-college students who are involved in activities not permitted under their status of residence. Further, there is an increasing number of foreign nationals engaged in fake marriages or pretending to be Japanese descendants, aiming at illegally obtaining a status of residence with an unlimited scope of activities.

Under the basic policy of reducing the number of illegal foreign residents in Japan by preventing them from settling down in Japan, the Immigration Bureau established investigation departments in the regional immigration bureaus in Tokyo, Osaka, and Nagoya in order to have permanent detection systems.

In FY 2004, the Immigration Bureau set up detection task forces at the Tokyo Regional Immigration Bureau, which is responsible for the Tokyo Metropolitan Area. In FY 2005, the bureau also set up a detection task force at the Nagoya Regional Immigration Bureau which is responsible for the Tokai and Hokuriku regions, and in FY 2006 at the Osaka Regional Immigration Bureau responsible for the Kansai region, to further reinforce detection capabilities. Furthermore, in FY 2007, the bureau established the Tobu Branch Office (in Edogawa Ward) under the Tokyo Regional Immigration Bureau, as the second office of this type specializing in detection following the Shinjuku Branch Office, aiming at enhancing detection capabilities.

## 2 Smooth Transition from Criminal Proceedings to the Deportation Procedure

Since October 2003, the expanded implementation of acceptance of suspects under Article 65 of the Immigration Control Act has been carried out by the Tokyo Regional Immigration Bureau and the Metropolitan Police Department in tandem, showing significant results. Thereafter, other regional immigration bureaus one by one also started expanded implementation, while also improving their acceptance system. Expanded implementation has been carried out in conjunction
with all prefectural police since September 2005. In addition, from October 2006, the Tokyo Regional Immigration Bureau, which accepts a large number of suspects, is making efforts to further expand application of the article by enhancing the acceptance system for non-business days, such as Saturdays and Sundays, to further expand its operation ensuring a smooth transition from criminal proceedings to the deportation procedure.

Furthermore, as the operation of a "summary trial system" commenced in October 2006, the Immigration Bureau is trying to maintain close communication with related organizations with regard to illegal foreign residents to whom the system will be applied, ensuring a smooth transition from criminal proceedings to the deportation procedure.

## 3 Encouraging Illegal Foreign Residents to Appear

To encourage illegal foreign residents to voluntarily appear, the departure order system was introduced in December 2004. Under the system, foreign nationals who have voluntarily appeared at an immigration control office can quickly leave Japan through simple procedures and the landing denial period will be shorter. As a result of the measure, the number of foreign nationals who appeared in the hopes of returning to their home countries and went through the system totaled 11,108 during 2006.

The Immigration Bureau will continue to actively work on public relations activities to further encourage illegal foreign residents to appear through foreign language media and various other information and communications channels, while analyzing the appearance of illegal foreign residents under the departure order system.

## 4 Reinforcement of Patrols in the Airports

Recently, many persons have been using the transit areas in Japanese airports for unlawful purposes such as illegally entering the US or other countries, or helping others enter Japan. Preventing such behavior is of utmost importance as a countermeasure against terrorism and international organized crimes, and therefore the Immigration Bureau has been reinforcing patrols in the transit areas in Narita Airport and Kansai Airport since FY 2002 in order to detect or prevent the use of forged or altered passports in said areas.
# Section 2 ♦ Improving the Treatment of Illegal Foreign Residents in the Detention Facilities While Giving More Consideration to Human Rights

Foreign nationals who stay in Japan in violation of the Immigration Control Act are detained under a written detention order issued by the supervising immigration inspector during the deportation procedures. If they are to be deported from Japan, they will be detained under a written deportation order issued by the supervising immigration inspector. As detention facilities for these foreign nationals, the Immigration Bureau has a total of 16 detention houses at the regional immigration bureaus, their district immigration offices and some branch offices, as well as three immigration centers in Ushiku city in Ibaraki prefecture, Ibaraki city in Osaka prefecture, and Omura city in Nagasaki prefecture.

These detention facilities have been established for the purpose of detaining illegal foreign nationals in temporary custody until they are deported from Japan. Therefore, in the treatment of foreign nationals detained in these facilities (hereinafter referred to as "detainees"), arrangements have conventionally been made to give them as much freedom as possible to the extent that causes no security risks and which respects the lifestyle of individual detainees according to the culture and customs of their home countries. In August 1998, the rules on the treatment of detainees of detention facilities were amended (the amendment entered into force on September 1, 1998) to treat detainees properly while giving more consideration to human rights. In accordance with the amendment, an opinions' system was also introduced to hear the opinions of detainees by placing at the detention facilities opinion boxes into which detainees can submit opinions on their treatment to the head of the facility. The rules were further amended in September 2001 to start the operation of an appeal system on November 1. Under this system, detainees who are dissatisfied with their treatment by immigration control officers can appeal to the head of the detention facility and finally to the Minister of Justice. Thus, active efforts have been made to improve the treatment of detainees in the detention facilities. Previously, if a detainee met with a person other than a consul, an immigration control officer needed to accompany the detainee. As the aforementioned rule was revised on April 1, 2003, the detainee does not have to be accompanied by an immigration control officer when he/she meets with another person as long as this does not pose any security risks.

Each immigration center and the Tokyo and Nagoya Regional Immigration Bureaus have been making additional arrangements for the treatment of detainees while giving as much consideration as possible to freedom and human rights to the extent that causes no security risks such as improving the medical care system, making telephones freely accessible to detainees during the period of open treatment and providing them with additional opportunities to bathe and take outdoor exercise.
## Section 3 ♦ Treating Illegal Immigrants in Consideration of Their Conditions

If an illegal foreign resident who has violated the Immigration Control Act expresses a wish to stay in Japan in the deportation procedures, the Immigration Bureau will pay due attention to the individual circumstances by comprehensively considering various factors, including the reason why the foreign resident wishes to stay in Japan, relationships with family members, living conditions, behavior, domestic and overseas situations, the necessity for humanitarian consideration, and the influences on other illegal foreign residents in Japan. After considering the effects on other illegal residents, the Immigration Bureau actively grants special permission to stay if it is necessary to do so. As a result, the bureau granted special permission to stay an increasing number of times in 2006.

The Minister of Justice has extensive discretionary power in granting special permission, and it is difficult to set clear criteria on permission. However, in order to grant special permission to stay in a more transparent and proper manner, the Ministry of Justice has been disclosing information on actual cases of special permission on its website since August 2004, and 25 cases of special permission to stay and 25 cases where the special permission was not granted were additionally disclosed on the website in June 2006.

In addition, based on the Basic Plan for Immigration Control (3rd Edition) formulated in March 2005 and the Three-Year Program for Promoting Regulatory Reform formulated at the end of FY 2003, guidelines on special permission to stay were published on the website of the Ministry of Justice in October 2006.

The ministry will continue to disclose such cases and improve the transparency of special permission to stay in the future as well, in order to ensure further appropriate operation of the system.

## Section 4 ♦ Reinforcing Cooperation with the Authorities Concerned

## 1 Violation of the Immigration Control Act in General

The Immigration Bureau has been taking the following measures to reinforce cooperation with the authorities concerned, thereby taking much more effective countermeasures against illegal foreign residents.

In order to promote effective prevention and intensified detection of violation of the Immigration Control Act, the Council for Prevention and Detection of Violation of the Immigration Control Act has been held since 1971. At this council, representatives from the National Police Agency, the