Silviase/jgov_v1.4_full_ann huggingface dataset:
Table 52: Trend in number of filed cases of Immigration Control relative litigation (cases of merit) (as of the end of 2009)

(Cases)

Object of claim	2005	2006	2007	2008	2009
Administrative case	Procedures for deportation concerned (Demand for canceling; confirmation of invalidity, etc.)	143	164	158	234	162
Status of residence examinations concerned (Demand for canceling disposition of disapproval; confirmation of invalidity, etc.)	8	21	17	17	16
Certificate of eligibility (Demand for canceling disposition of non-issuance; confirmation of invalidity, etc.)	17	6	18	8	10
Procedures for refugee status concerned (Demand for canceling; confirmation of invalidity, etc.)	52	59	82	72	50
Others	28	2	3	4	1
Sub-Total	248	252	278	335	239
Civil case	25	11	2	1	1
Claim of the protection of personal liberty	2
Total	275	263	280	336	240

## Section 2 ☐ Major Court Cases

## Court case 1 [Addition of the requirement “good behavior and conduct” to the revised notification to long-term residents]

The plaintiff argues that the revised notification to long-term residents (revised in accordance with the Notification from the Ministry of Justice No. 172 of 2006) is against the law, because it excessively limits the right of the plaintiff and causes injustice between those residing in Japan with the status of residence “Long-term Resident” and those with other status of residence, which cannot be overlooked, and that the refusal of permission in this case is also against the law because it is decided in accordance with the said notification. However, in view of the nature of the discretionary powers given to the Minister of Justice, etc. in making a decision on whether to grant permission for extension of period of stay, there is no basis for believing that long-term residents and other residents must be treated uniformly. Even if it is put aside for now, it cannot necessarily be said that the above notification excessively limits the right of the plaintiff, or foreign nationals of Japanese ancestry, and treats them unfairly, in comparison with other foreign nationals. It is because foreign nationals of Japanese ancestry had received preferential treatment in immigration and residence examination in accordance with the notification before the revision and the requirement “good behavior and conduct” are just added to the notification. Therefore, the plaintiff’s claim cannot be accepted.

[Osaka District Court Judgment on June 25, 2009]

## Court case 2 [Marriage with a foreign national who has obtained permission to reside in Japan for a limited period]

The plaintiff argues that the Supreme Court decision in 2002 concerning the case in which the appropriateness of the status of residence for spouses of a Japanese national was disputed should be applied to this case. That is, if either or both spouses have determinably lost the will to live together and made their communal life insubstantial, and there is no chance of mending relations, it cannot be interpreted that the breakup of their marriage means the loss of the substantial base in the social life, and therefore, the plaintiff
# Organizational Expansion and Staff Enhancement

Owing to significant changes in the circumstances affecting immigration control in recent years, in response to an increase in the quantity and in the complexity of immigration duties, measures have been taken to improve and expand the organization and staff for immigration control.

At the end of FY 2009, immigration control administration work was carried out by about 3,500 officials at the Immigration Bureau of the Ministry of Justice and other immigration control offices. Due to a wide range of problems in immigration control, further improvement and expansion of the organization and staff are still necessary.

## Section 1 ◆ Organizations

## 1 Outline of the Immigration Control Organization

The organization that is responsible for immigration control duties is the Immigration Bureau, which is designated as an internal bureau of the Ministry of Justice. There are eight regional blocks, each of which has a regional immigration bureau as a local branch office of the Ministry of Justice. Each regional immigration bureau manages the district immigration offices and branch offices (including branch offices within the district immigration offices) under its jurisdiction. The Ministry of Justice also maintains three immigration centers as detention facilities. The organization as a whole performs various duties associated with immigration control such as immigration examinations, residence examinations, deportation procedures, and refugee recognition procedures in accordance with relevant laws and ordinances.

The Immigration Bureau, regional immigration bureaus, district immigration offices, branch offices, and immigration centers are collectively referred to as the “immigration control offices”. (Charts 23 and 24)

Chart 23: Immigration Bureau organizational chart
## 2 Review on the organizational structure of the Immigration Control Offices

With respect to the expansion and enhancement of organization in FY 2010, in order to respond to people entering and departing the country who are expected to increase significantly due to further expansion of facilities at Haneda Airport (Tokyo International Airport), such as addition of runways and an international terminal building, as well as start of 24-hour operation, the Haneda Airport Branch Office of the Tokyo Regional
Immigration Bureau was abolished, and the Haneda Airport District Immigration Office of the Tokyo Regional Immigration Bureau was established. This will contribute to building up a system to balance smooth and prompt procedures for immigration control examination with strict preventive countermeasures at the border.

Further, most branch offices (including branch offices of district immigration offices) of regional immigration bureaus were located within the area of seaports, based on the historical background that they were originally established for immigration examination of crew members and passengers on ocean-going vessels. Now, as the primary means of international transportation shifted from vessels to aircraft, immigration examination at airports became the main service, and as foreigners residing in Japan for a long time increased, the Ministry has proceeded to reorganize, integrate or scrap branch offices at seaports to respond to the foregoing change in administrative needs, and made efforts to re-allocate branch offices by establishing them at local airports where many international flights arrive, places where prefectural offices are located, and other major cities. (Table 53)

As a result, the number of branch offices established in the country through reorganization of regional immigration offices into regional immigration bureaus, which was 103 as of April 1, 1981, is 61 as of April 1, 2010. The establishment of at least one regional immigration bureau or office in each prefecture has achieved, while branch offices have decreased by about 40% from 1981.

Those branch offices should not only improve convenience of foreign nationals who come for submission of various applications or reports but also enhance close cooperation with related local organizations, such as police, in collecting information on illegal and disguised residents. With a view to enhancing cooperation with local authorities and related organizations which accept foreign nationals who intend to reside in Japan for a medium and long term, it is necessary to continue rationalizing and streamlining the organizational structure, with the aim of ensuring smooth and proper processing, including immigration examination, residence examination, and collection of information on offenders against the Immigration Control Act, and establishing a more comprehensive framework for branch offices.
Table 53: Reorganization, abolition or establishment of branch offices of regional immigration bureaus

(As of April 1, 2010)

Division Fiscal Year	Abolition	Establishment
Name	Location	Name	Location
2000	Amagasaki Port Branch OfficeKure Port Branch OfficeKaratsu Port Branch OfficeImari Port Branch Office	Amagasaki CityKure CityKaratsu CityImari City	Saga Branch Office	Saga City
2001	Yokosuka Port Branch OfficeKagoshima Airport Branch OfficeShimizu Port Branch OfficeTagonoura Port Branch Office	Yokosuka CityMizobe-cho Aira-gunShimizu CityFuji City	Shizuoka Branch Office	Shizuoka City
2002	Iwakuni Port Branch OfficeYatsushiro Port Branch OfficeHitachi Port Branch OfficeKashima Port Branch Office	Iwakuni CityYatsushiro CityHitachi CityKamisu-cho Kashima-gun	Kofu Branch OfficeGifu Branch OfficeOtsu Branch OfficeMito Branch Office	Kofu CityGifu CityOtsu CityMito City
2003	Tokyo Port Branch OfficeShibuya Branch OfficeMuroran Port Branch OfficeMiyako Port Branch OfficeOfunato Port Branch OfficeIshinomaki Port Branch OfficeSasebo Port Branch OfficeNaha Port Branch Office	Koto-ku TokyoShibuya-ku TokyoMuroran CityMiyako CityOfunato CityIshinomaki CitySasebo CityNaha City	Shinjiyuku Branch OfficeMorioka Branch Office	Shinjiyuku-ku TokyoMorioka City
2004	Aomori Port Branch OfficeHachinohe Port Branch OfficeYokohama Port Branch OfficeNagoya Port Branch OfficeNagoya Airport Branch OfficeSakai Port Branch OfficeKobe Port Branch OfficeMizushima Port Branch OfficeShibushi Branch Office	Aomori CityHachinohe CityYokohama CityNagoya CityToyoyama-cho Nishikasugai-gun AichiSakai CityKobe CityKurashiki CityShibushi-cho Soo-gun Kagoshima	Aomori Branch Office	Aomori City
2005	Naoetsu Port Branch Office	Joetsu City
2007	Osaka Port Branch OfficeTennoji Branch Office	Osaka CityOsaka City	Tobu Branch Office	Edogawa-ku Tokyo
2010	Haneda Airport Branch Office	Ota-ku Tokyo

$ ^{*} $ The abolition of Haneda Airport Branch Office in FY2010 is due to the establishment of Haneda Airport District Immigration Office.

## Section 2 ◆ Staff

## 1 Immigration Control Staff

In immigration centers and regional immigration bureaus, immigration inspectors and immigration control officers

are assigned as staff who are engaged in immigration control duties. In addition, officers of legal affairs engage in general administrative duties and specialists of legal affairs, including doctors, are also assigned.

Immigration inspectors are responsible for (i) examinations and hearings on landing and deportation, (ii) issuance of written detention orders and written deportation orders, (iii) provisional release, and (iv) investigation of recognition of refugees and statuses of residence. They are also engaged in examining statuses of residence as assistants for the Minister of Justice.

Immigration control staff
Immigration control officers are responsible for (i) investigation of violations concerning entry, landing or residence in Japan, (ii) detention, transportation and deportation of foreign nationals in order to execute written detention orders or written deportation orders, and (iii) treatment of inmates in immigration centers and detention facilities and guards of these detention facilities. They fall under police personnel in relation to the National Civil Service Law and the Law Concerning Salaries for General Service Personnel. As they are often involved in dangerous tasks, they are regarded as public security service staff.

Immigration control officers are divided into seven ranks (keibikan, keibicho, keibishicho, keibishi, keibishihoh, keishucho, and keishu, in order of descending superiority) in order to clarify the chain of command for group operations for detection.

Individual immigration inspectors and immigration control officers perform their duties independently as specialists in immigration control and therefore, the specialist system was introduced. These officials are required to have legal knowledge necessary for their duties as well as a balanced point of view from an international perspective and the ability to interact with foreign nationals flexibly while giving consideration to their diverse cultures, customs and religions and their human rights.

## 2 Staff Increase

The number of immigration control staff was 3,714 in FY 2010, up about 25% (742) from FY 2005 (2,972), five years ago. During this period, the number of cases handled by immigration control offices remained at a high level, and the immigration control duties have been getting more complicated and difficult due to the necessity of implementing stricter immigration examinations to prevent terrorism and illegal entry, coping with forged or altered documents that have become increasingly more sophisticated, strengthening residence management related to foreign residents after entry, enforcing strengthened detection of illegal foreign residents, some of whom are potential criminals, and implementing measures against foreign residents disguised as legal residents. (Chart 25, Table 54)
Table 54: Changes in the number of immigration control office personnel

Division Fiscal Year	Secretaries in the Ministry of Justice	Regional Immigration Bureaus	Total
Secretaries	Inspector	Control officer	Others	Sub-Total
1985	169	155	703	658	55	1,571	1,740
1990	166	154	777	673	46	1,650	1,816
1995	163	165	1,152	869	38	2,224	2,387
1996	161	166	1,182	915	34	2,297	2,458
1997	161	166	1,203	931	31	2,331	2,492
1998	159	166	1,202	956	29	2,353	2,512
1999	159	165	1,204	978	27	2,374	2,533
2000	157	164	1,196	998	26	2,384	2,541
2001	156	155	1,211	1,017	26	2,409	2,565
2002	154	146	1,268	1,070	25	2,509	2,663
2003	152	144	1,272	1,101	24	2,541	2,693
2004	142	142	1,343	1,183	23	2,691	2,833
2005	131	122	1,433	1,266	20	2,841	2,972
2006	129	122	1,494	1,367	8	2,991	3,120
2007	128	121	1,580	1,431	8	3,140	3,268
2008	127	129	1,626	1,523	8	3,286	3,413
2009	126	130	1,737	1,564	8	3,439	3,565
2010	126	135	1,881	1,564	8	3,588	3,714

In FY 2010, 207 persons were additionally assigned as immigration inspectors and immigration control officers. An outline of the staff increase is as follows
## (1) Strengthened Immigration Control of the Regional Immigration Bureau such as the Haneda Airport District Immigration Office

The “Basic Act for Promoting a Tourism-Oriented Country” was put into force in January 2007, and the “Basic Plan for Promoting a Tourism-Oriented Country” was decided in June of said year by the Cabinet aiming to “increase the number of foreign tourists visiting Japan to 10 million by 2010”. Under such circumstances, the number of foreign nationals entering Japan in 2007 reached about 9.15 million, which was the highest ever, and remained almost at the same level. Although such foreign nationals provisionally reduced due to global economic recession etc., their number is expected to increase along with economic recovery, because facilities, such as runways and an international terminal building, will be expanded at some airports, including Haneda Airport, and a new airport will be opened in 2010. As it is expected that further active campaigns to invite foreign tourists will be developed in the future, it is necessary to make efforts to shorten the waiting time for examination by flexible allocation of staff or other measures and, at the same time, to implement strict immigration examination as countermeasures against terrorism and illegal residents, as a step toward the realization of a tourism-oriented country.

For this purpose, in FY 2010, 137 additional immigration inspectors were allocated to the Haneda Airport District Immigration Office, and the total 10 additional immigration inspectors were allocated to two branch offices governing New Chitose Airport and Ibaraki Airport.

## (2) Strengthened Residence Management System of the Regional Immigration Bureau such as the Nagoya Regional Immigration Bureau

In the light of circumstances under which the number of foreigners residing in Japan increases year by year, the “Three-year Program for Promoting Deregulation (revised)” decided by the Cabinet in March 2008 mentioned the need for an overall review of the alien registration system and the residence management system to reinforce the checking system for foreign nationals after entering Japan. The revised Immigration Control Act was enacted and promulgated in July 2009, as stated above. (See Chapter 2 of Part II.)

Because the problems on the “training and technical internship programs” are pointed out, including unjust treatment of foreign nationals as low-wage labor straying from their original goal of achieving international technical transfer, the necessary improvements to address those problems are included in this revision as one of pillars. In addition, the need for measures to ensure the effectiveness of those programs has been stressed in Diet deliberations regarding legal reforms. Therefore, it is necessary to conduct thorough surveys on the actual condition in order to ensure the proper operation of the system in which organizations accepting foreign trainees etc. supervise their umbrella organizations.

As the staff to cope with this, 23 additional immigration inspectors were allocated to the Nagoya Regional Immigration Bureau and other offices.
### (3) Reinforcement etc. of the detection system in the Haneda Airport District Immigration Office

Due to the start of 24-hour operation associated with the re-expansion of facilities, a significant increase in the number of those who enter or depart the country is expected in the Haneda Airport. With the increase of airport users, the number of those who intend to use the airport for evil purposes is also expected to increase. In addition, there is concern over trade in fake or forged passports by abusing transit areas as a pathway of illegal entry into a third country. Therefore, it is necessary to develop a system to detain illegal entrants etc. promptly and unfailingly at any time and take

Training

deportation procedures, as well as to establish detention facilities in the new international terminal building. As the staff to engage in investigation on illegal entrants etc. found in the Haneda Airport, detection and patrol in transit areas to promote strict countermeasures at the border, as well as proper treatment, monitoring and efficient execution of deportation with regard to detainees in the newly-established detention facilities, 20 additional immigration control officers were allocated.

Although the District Immigration Office could not necessarily implement deportation procedures sufficiently, the relocation to the new office will release the District Immigration Office from physical restrictions, and make it possible to implement wider detection activities, etc.

## (4) Strengthened Refugee Adjudication System of the Regional Immigration Bureau such as the Tokyo Regional Immigration Bureau

The introduction of the refugee examination counselors system in 2005 enhanced the equity and neutrality of the refugee recognition procedures, but the number of applications for refugee status (primary examination) increased to 1,599 in 2008, almost quadrupled from 384 in 2005. To cope with this, 10 additional refugee examiners were assigned in 2009.

Likewise, the number of petitions for objection (examination of objection) filed by those who were not recognized as refugees in the primary examination rapidly increased to 429 in 2008 from 183 in 2005. As the staff to respond to the primary examination for which the personnel was increased by assignment of additional staff in 2009, 15 additional refugee examiners were assigned to the Tokyo Regional Immigration Bureau and 2 additional refugee examiners were assigned to the Osaka Regional Immigration Bureau.

## 3 Training

As the number of foreign nationals entering and departing from Japan has been increasing year by year and the types of residence have diversified, the volume of services has increased and the contents of routine duties to be performed by immigration inspectors and immigration control officers have become more complicated and difficult. It is therefore indispensable to enhance the skills and abilities of the officers of the Immigration Bureau,
and so we are in the process of enriching and reinforcing our training program targeted for those officers.

In addition to systematic training for newly employed persons, middle-level persons and managers implemented by the Research and Training Institute of the Ministry of Justice, which is a training organization of the Ministry of Justice, the Immigration Bureau implements various kinds of training programs by not only the staff with specialized knowledge but also outside experts invited to give a lecture for the purpose of enhancing the professional knowledge of staff, e.g. training for persons engaged in the detection of document forgery, training for persons engaged in entry and residence examination work, training for persons engaged in refugee recognition work, training for persons engaged in information system operation, and training for human rights and mental health.

Also, as the work of the Immigration Bureau is mainly concerned with foreigners, it makes efforts to improve language skills necessary for the work by organizing language seminars in English and other languages for staff at professional language schools, etc.
# Data Section 8 Budget

## Section 1 ♦ Budgets

Chart 26 shows the trends in budgets for immigration control administration. Despite severe fiscal and administrative limitations in recent years, the fiscal authorities approved the Immigration Bureau's expenses to implement necessary immigration control duties and related projects leading to improvement and enhancement of immigration control administrative capabilities.

As the cost of adapting to the new system of residence management was approved in the budget of FY 2010, the budget related to computer operation was drastically increased. (Charts 26 and 27)

Chart 26: Changes in the budget for immigration control administration

$ ^{*} $ The amount of budget is the initial amount of budget.

• Items were reorganized in the FY 2008 budget, and the calculation method for the budget on and after said fiscal year was changed as follows:

• (Item) The ministry proper of the Ministry of Justice (Immigration Bureau) is the total amount of (item) common expense for the ministry proper of the Ministry of Justice an (item) partial expense of planning, adjustment and promotion expense for immigration control.

• (Item) Alien registration administration expenses are the partial expense of (item) planning, adjustment and promotion expense for immigration control.

* Equal to (item) the alien registration administration expenses before FY 2007.

• (Item) Regional Immigration Bureaus are the total amount of (item) common expense for Regional Immigration Bureaus, and the partial expense of (item) administration expe for immigration control.

• (Item) Escort and detention expenses are the partial expense of (item) administration expenses for immigration control.