### a. Investigation by Immigration Control Officers of Violations

Investigation by an immigration control officer of the violation is the first step of deportation procedures for foreign nationals. An immigration control officer conducts an investigation (investigation of violations as stipulated in Article 27 of the Immigration Control Act) of a foreign national who is believed to fall under one of the grounds for deportation as stipulated in Article 24 of the Act (hereinafter referred to as the “suspect”). If the immigration control officer determines that there is reasonable cause to believe that the suspect falls under one of the grounds, he may detain the suspect in accordance with a written detention order issued by the supervising immigration inspector( $ ^{*} $ 7). After the detention, the suspect is handed over to an immigration inspector (Articles 39 and 44 of the Act).

(*7) The “supervising immigration inspector” refers to an immigration inspector of supervisory rank designated by the Minister of Justice, who has the authority to issue written detention orders and written deportation orders, grant foreign nationals provisional release and revoke provisional release.

### b. Examination by Immigration Inspectors of Violations

An immigration inspector, when the suspect and the case have been delivered to him, examines whether the case falls under one of the grounds for deportation (examination of violations provided for in Article 45, Paragraph 1 of the Act). If the immigration inspector finds that the foreign national falls under one of the grounds for deportation and the suspect objects to the findings by the immigration inspector, he may request a hearing by a special inquiry officer (Article 48 of the Act). If the suspect is dissatisfied with the findings by the special inquiry officer, he may file an objection with the Minister of Justice (Article 49, Paragraph 1 of the Act).

### c. Decision of the Minister of Justice

The Minister of Justice makes a decision as to whether or not the objection filed is with reason after receiving it (Article 49, Paragraph 3 of the Act).

### d. Permission or Denial of Permission of Residence

## (a) Denial of Permission of Residence (Deportation)

If the violation review procedures from violation examination to the decision of the Minister of Justice (violation adjudication) produce one of the results described below, the supervising immigration inspector will issue a written deportation order.

1 If an immigration inspector conducts a violation examination and finds that the foreign national falls under one of the grounds for deportation and the foreign national submits to the findings (Article 45, Paragraph 1 and Article 47, Paragraph 5 of the Act).

2 If a foreign national who is found to fall under one of the grounds for deportation objects to the findings and requests a hearing by a special inquiry officer and, as a result of the hearing, the special inquiry officer finds that there is no error in the findings and the foreign national submits to the findings (Article 48, Paragraphs 1 and 9 of the Act).

3 If a foreign national who objects to the results of the hearing files an objection with the Minister of Justice and, as a result, receives the Minister’s decision that the objection is without reason (Article 49, Paragraphs 1 and 6 of the Act).

In the violation adjudication procedures, if a foreign national is found not to fall under one of the grounds for deportation, the foreign national is released immediately and, if a foreign national is found to fall under one of the grounds for deportation but satisfies the requirements for departure order, the foreign national is released immediately after the foreign national is ordered to depart from Japan.

## (b) Special Cases of Decisions of the Minister of Justice (Special Residence Permission)

The Minister of Justice may, even if he finds that the objection filed is without reason, grant the foreign national special permission to stay in Japan if the foreign national has obtained permission for permanent residence, was once a Japanese national, entered Japan under the control of another such as through trafficking in persons, is recognized as a refugee, or when there are other special circumstances that warrant granting the foreign national special residence (“Special Residence Permission” provided for in Article 50, Paragraph 1 of the Act).