# 2 Structure of Japanese Immigration Control Administration

## (1) Purpose and Legal Basis for Immigration Control Administration

Article of the Immigration Control and Refugee Recognition Act ( $ ^{*} $ 1)(Cabinet Order No. 319 of 1951, hereinafter referred to as the “Immigration Control Act”) stipulates that “the purpose of this Immigration Control and Refugee Recognition Act is to provide for equitable control over the entry into or departure from Japan of all persons and to consolidate the procedures for recognition of refugee status.”

“Equitable control over the entry into or departure from Japan” intends to achieve a reasonable balance between the smooth acceptance of foreign nationals and the removal of unwelcome foreign nationals. In order to achieve this purpose, the Immigration Control Act provides for the status of residence system, in order to smoothly accept foreign nationals who have, for instance, advanced skills; and deportation procedures for foreign nationals, in order to deal strictly with foreign nationals who commit crimes in Japan.

The procedures for recognition of refugee status, which has been attracting much public interest these days, were added to the responsibilities of the immigration control administration when Japan joined the Convention Relating to the Status of Refugees in 1981, to fulfill Japan’s obligations to the international community.

The fundamental laws related to the Immigration Control Act include the Special Law on the Immigration Control of Inter Alia, Those Who Have Lost Japanese Nationality on the Basis of the Treaty of Peace with Japan (Law No. 71 of 1991, hereinafter referred to as “the Special Law on Immigration Control”), which sets forth exceptions to the Immigration Control Act for individuals referred to as “special permanent residents”; the Immigration Control and Refugee Recognition Act Enforcement Regulations (Ministry of Justice Ordinance No. 54 of 1981) that provide the specifics concerning enforcement of the Immigration Control Act; and the Ministerial Ordinance to Provide for Criteria pursuant to Article 7, Paragraph 1 (2) of the Immigration Control and Refugee Recognition Act (Ministry of Justice Ordinance No. 16 of 1990) which stipulates “in consideration of factors including but not limited to the effect on Japanese industry and public welfare” (Article 7, Paragraph 1 (2) of the Immigration Control Act).

The Alien Registration Law (Law No. 125 of 1952) is the law to ensure equitable control over the foreign nationals residing in Japan by clarifying matters pertaining to their residence and status through the administration of registration of such foreign nationals.

The Alien Registration Act is closely related to the Immigration Control Act – namely, with regard to the provisions on examination of status of residence – in that they both apply to foreign nationals residing in Japan. In many other ways, however, the two laws differ from each other. For example, the actual procedures of alien registration are performed, as an entrusted legal duty, by local municipal governments, and not all foreign nationals living in Japan are required to carry out alien registration.

The fundamental laws and ordinances related to the Alien Registration Act include the Alien Registration Act Enforcement Ordinance (Cabinet Order No. 339 of 1992) and the Alien Registration Act Enforcement Regulations (Ministry of Justice Ordinance No. 36 of 1992) that provide for the details of alien registration procedures.

(*1) In order to establish provisions for the prevention of terrorism, further facilitation of immigration control, and nationwide implementation of the preferential measures under the law on Special Zones for Structural Reform, a bill for partial amendment of the Immigration Control and Refugee Recognition Act, which includes enforced measures to prevent, suppress and punish trafficking in persons, and measures against the smuggling of migrants and against terrorism, was submitted to the 164th Ordinary Session of the Diet session, and was enacted after being passed by the House of Councillors at a plenary session on May 17, 2006. It was promulgated on May 24, 2006 (Law No. 43 of 2006).

## (2) Immigration Procedures for All Persons

a. Procedures for Entry and Departure of Foreign Nationals $ *2 $

When a foreign national who does not have Japanese nationality (including stateless individuals) wishes to gain entry into Japan, he must, in principle, carry a valid passport bearing a visa(*3) obtained at a Japanese embassy