liberty and economic liberty. Considering that people can be designated as “refugees” if they have fear when they face a situation that they might be persecuted (see Article 1-A-(2) of the Refugee Convention), with “liberty” and “life” treated equally, the “liberty” which opposes to infringement or other illegal actions corresponding to “persecution” can be rationally interpreted as the liberty mainly concerning life activities, that is physical activities (personal liberty). In addition, regarding refugee’s fundamental rights such as Self-employment including industry, handicrafts and commerce (Article 18), Liberal professions(Article 19) and education other than elementary education (Article 22-2) the Refugee Convention stipulates that the contracting states shall “accord to a refugee lawfully in their territory treatment as favourable as possible” but not “in any event, not less favourable than that accorded to aliens generally in the same circumstances”. As a result, when said “liberty” generally includes economic liberty, and the infringement against such liberty corresponds to “persecution”, although a host country in accordance with the Refugee Convention designates a person as a refugee due to infringement against a right in his/her home country, the person may obtain fewer rights from the host country compared with those given by the home country. The “liberty” of which counterpart is infringement or other relevant actions corresponding to “persecution” should be interpreted as the liberty which does not cover economic activities in principle. In this context, it should be interpreted that “persecution” corresponds to attack or oppression that causes suffering which general people cannot tolerate, and means infringement or suppression against life or physical health or comparably serious infringement or suppression against liberty. In addition, if a person wants to justify that he or she has “owes to well-founded fear of being persecuted”, it should be understood to be not only a subjective reason that he or she has fear of being persecuted but also an objective reason such that if a general person is in the same situation, the person also feel fear of being persecuted.

[Tokyo District Court Judgment on February 4, 2011]

## Court case 5: [Recognition of Nationality in the deportation procedure]

The deportation procedure for foreign nationals is to order the relevant foreign national to leave Japan in accordance with the national power. The recognition of the nationality of the relevant foreign nationals during the deportation procedure set forth in the Immigration Control Act in Japan should be referred to as one exclusively belonging to the Governmental power in Japan.

Supervising immigration inspectors should judge whether the relevant person, who is forced to leave Japan, has a nationality in a country, in the light of laws and regulations set forth concerning the requirement of nationality by the relevant country.

At the time of enforcement of issuance of written deportation order in this case, it is difficult to say that the plaintiff was not able to be deported to the home country and there was no fact that the plaintiff desired to be deported to a country other than the plaintiff's home country. In addition, under the Immigration Act, Supervising immigration inspectors are not required to confirm the host countries' willingness to accept the deportees as destination for the deportation, when a Supervising immigration inspectors designates a destination for deportation.