Silviase/jgov_v1.4_full_ann huggingface dataset:
## Chapter 6 Refugee Recognition Procedures

## Section 1 — New System of Refugee Status Recognition

The amended Immigration Control Act of May 27, 2004 has significantly modified the conventional refugee recognition system, which commenced operations in 1982. The amended Act will contribute to a more stable legal status for applicants for asylum, and also enhances fairness and neutrality in the refugee recognition procedures. (The amendment to the Act was promulgated on June 2, 2004 and came into effect on May 16, 2005.) (Chart 28)

## 1 Establishing the System for Permitting Provisional Stay

With the aim of ensuring the stable legal status of illegal foreign residents who have applied for refugee status, the amended Immigration Control Act has introduced the new concept of “provisional stay”. If a foreign national is granted the status of “provisional stay”, the Immigration Bureau will suspend the deportation procedures while continuing with the refugee recognition procedures without detaining him. The Immigration Bureau permits provisional stay, if the applicant for asylum satisfies the following requirements: 1) There are no reasonable grounds to suspect that he falls under any of the provisions for deportation; 2) he applied for asylum within six months after landing in Japan; 3) he entered Japan directly from a territory where he was likely to be persecuted; 4) he has not been sentenced, after entering Japan, to imprisonment with or without labor on a charge of a certain crime as stipulated in the Penal Code; 5) a written deportation order has not been issued to him; and 6) there are no reasonable grounds to suspect that he is likely to escape.

## 2 Stabilizing the Legal Status of Recognized Refugees

If an illegal resident applies for recognition of refugee status, the Immigration Bureau will proceed with the refugee recognition procedures and the residence permission procedures simultaneously in order to decide the applicant’s legal status as early as possible. If the
illegal immigrant is recognized as a refugee and satisfies certain requirements, the bureau will grant him the status of “Permanent Resident”. Even if the applicant does not meet the said requirements, the Minister of Justice may grant a status of residence, if the minister finds that there are extenuating circumstances to do so.

## 3 Establishing the Refugee Examination Counselors System (Re-examining the Objection Filing System)

The refugee examination counselors system was established in order to enhance the fairness and neutrality of the refugee recognition procedures. When making a decision on an objection filed by an applicant, the Minister of Justice shall consult with refugee examination counselors.

The refugee examination counselors may actively participate in the objection filing system by attending the procedures in which the petitioner and intervenor present their opinions, or by asking them questions.

The refugee examination counselors shall be appointed from 1) legal professionals experienced in fact-finding tasks, 2) former diplomats, trading company staff, foreign correspondents, international politics experts, and international organization staff who have expertise in regional affairs and international relations; and 3) experts of international law, foreign law, administrative law and other legal professionals.

## 4 Abolishing the Limitation on the Period for Applying for Recognition of Refugee Status

The limitation on the period for applying for refugee recognition procedures (within 60 days after the date of landing in Japan) has been abolished.
## Section 2 — Promoting the Handling of Applications for Recognition of Refugee Status

As domestic circumstances have become increasingly unstable in a number of countries due to regional conflicts in the midst of the ever-changing international climate, as mentioned in Part 1, Chapter 3, Section 1, the number of applications for recognition of refugee status in Japan has been increasing every year. In particular, the nationalities of applicants have become more diversified, the circumstances of the applicants have become more complicated, and the refugee recognition system is more frequently being abused. Furthermore, it is not an easy task to inquire into the facts necessary for the refugee recognition procedures because events based on which applications are filed have generally occurred in foreign countries.

In order to properly deal with the problems arising from these circumstances, such as an increase in the time required for handling applications and an increase in the number of applications that have yet to be handled, the following measures have been taken.

## 1 Establishing the Refugee Examination Department, Assigning Additional Officials as Refugee Inquirers, and Enhancing and Strengthening the Training System

In April 2003, with the aim of strengthening the examination system, the Refugee Examination Department was established in the Tokyo Regional Immigration Bureau since it receives the majority of applications for recognition of refugee status, and additional officials were assigned as refugee inquirers. In order to enhance the task-processing abilities of the newly-introduced refugee examination counselors system, the Immigration Control Bureau assigned additional refugee inquirers to the Department of Adjudication at the Tokyo and Osaka Regional Immigration Bureaus.

Training has been provided for staff in charge of refugee recognition procedures every year, aiming at improving the knowledge base and research skills of the refugee inquirers.

## 2 Providing Refugee Information

The Immigration Bureau provides regional immigration bureaus with refugee-related information to enable smoother administration work.
## 3 Improving Interpretation Services

The Immigration Bureau makes efforts to secure interpreters specializing in minority languages and to improve interpretation services.

These measures have led to certain achievements, including a steady increase in the number of applications handled. The Immigration Bureau will continue its efforts to handle appropriately and promptly cases that have not been handled for a long time and those cases that abuse the refugee recognition system.

## Section 3 — Smooth Handling of Objections against Denial of Recognition of Refugee Status

As applications for refugee status recognition have been increasing, the number of objections filed by foreign nationals who have not been recognized as refugees has also been increasing in the last few years.

In the past five years from 2000 until the end of 2004, 1,257 foreign nationals were not recognized as refugees, and among them, 897 foreign nationals filed objections.

To handle these objections quickly and properly, the Immigration Bureau coordinates the interview schedule for petitioners and their agents and makes efforts to secure competent interpreters.

## Section 4 — Information/Consultation Desks for Refugees

Since August 2003, the Immigration Bureau has been working to establish information/consultation desks at the Refugee Examination Department of the Tokyo Regional Immigration Bureau, regional immigration bureaus, and the 13 sections in the district immigration offices where refugee inquirers are assigned. The information desks answer inquiries by phone or visits from the refugees themselves or from non-government organizations supporting refugee activities by providing a guide to the refugee recognition procedures and other related information.
# Chapter 7 Addressing Globalization

## Section 1 — Holding Various Seminars

Due to developments in the transportation means and progress in information and communication technology, the movement of services, capital, and information is becoming increasingly more active in the international community. The movement of natural persons has become the rule and not the exception, and therefore a smoother movement of natural persons is also needed.

However, in the wake of the September 2001 terrorist attacks on the US, more and more people have started to recognize that restricting the transnational movement of terrorists is also an important role for immigration control. As human trafficking is also a grave problem which is facing the international community, it is important to protect human trafficking victims as a domestic policy and to take preventive and protective measures at the border.

The cross-border movement of natural persons, which involves such conflicting aspects, cannot be completely controlled by unilateral actions, and therefore bilateral, interregional, and multilateral efforts are particularly necessary. In order to achieve the orderly movement of natural persons, it is of vital importance to reinforce transnational cooperation in exchanging information on immigration control.

## Chart29 Chart of ODA programs related to the Immigration Bureau Starting from 1987

Seminar on Immigration Control

Consultation and views exchanged on immigration control

(Forum for continuous exchange of information)

Starting from 1995

seminar on Document Examination

Separate from Seminar on

Immigration Control because of the

demand for seminars for specialisits

of document examination.

starting from 1995

Sponsored seminar by JICA Osaka International Center

Osaka Regional Immigration Bureau holds seminars for trainees from immigration organizations of Asian countries for a month at the request of JICA.
Based on such an understanding, the Immigration Bureau has been participating in the following programs as part of the ODA (Official Development Assistance) programs, aiming at successfully transferring administrative knowledge and skills to Asian countries and regions and establishing an information network and cooperative framework among the immigration authorities in Asia (Chart 29).

## 1 Seminar on Immigration Control

Since FY 1987, the Immigration Bureau has been inviting the executive officers of the immigration control authorities of Asian countries and regions to seminars every year and has been providing them with opportunities to exchange opinions and information on immigration control affairs in Asia. The Immigration Bureau recognizes that constructive exchange of opinions and information has helped the participating countries in designing effective immigration control measures and implementing such measures effectively.

In particular, at the seminar held in FY 2001, the participants shared the same view, under the influence of the terrorist attacks on the United States on September 11, that individual countries were facing a new issue of terrorism prevention and therefore it was becoming increasingly necessary for immigration control authorities to further reinforce international cooperation among them. Among others, more emphasis was placed upon the necessity of international information sharing on immigration control.

The 18th seminar was held in November 2004, and the participants actively exchanged their opinions with respect to how to balance stricter immigration control including terrorist prevention with smoother human movements, and how to deal with the problem of human trafficking.

## 2 Seminar on Document Examination

At the Seminar on Immigration Control, more and more participants are expressing a strong need for transfer of technologies for examining forged or altered documents and exchange of relevant information. To address their needs, the Immigration Bureau has been holding the Seminars on Document Examination since FY 1995, inviting experts who engage in examining forged or altered documents in the countries and regions that participate in the Seminars on Immigration Control. Particularly in recent years, the problems of illegal immigration and related transnational organized crimes have become more serious.
throughout the world. Also in Asia, travel documents that are elaborately forged or altered are frequently being used, and this is regarded as a common problem among the immigration control authorities in Asian countries.

At the seminar, the Immigration Bureau provides participants with technologies for examining forged or altered documents, which have been accumulated by the Bureau, and also aims to promote effective technology transfer and information exchange while obtaining cooperation from other countries such as the United States, Canada, and Australia.

Thus, the Immigration Bureau makes efforts to exclude foreign nationals attempting to enter illegally with the use of forged or altered documents.

In FY 2004, the 10th seminar was held in February 2005 at Kansai Airport where high-performance document examination devices have been installed.

## Section 2 — Supporting the Training Program: Immigration Control Administration Course

Since FY 1995, the Osaka International Center of JICA (Japan International Cooperation Agency) has been providing a training program called the Immigration Control Administration Course. The Osaka Regional Immigration Bureau has provided full cooperation for this training program. This training program is intended to provide middle-level officers who carry out immigration control administration tasks in developing countries in Asia with information on current immigration control administration in Japan and technical training, thereby contributing to the development of immigration control administration and the establishment of its network in Asia.

## Section 3 — Treaties and International Conventions

## 1 Negotiations on Treaties

(1) Negotiations on Economic Partnership Agreements (EPAs)

A. Japan-Mexico Economic Partnership Agreement

Based on the agreement at the Japan-Mexico summit in June 2001, the two nations set up a joint study group to comprehensively hold discussions among participants from
industry, government, and academia on reinforcement of the economic partnership. Following repeated bilateral negotiations based on the reports of the study group, in March 2004, Japan and Mexico reached a substantive agreement on the core elements of the Economic Partnership Agreement. This has opened the path to the final draft and signing of the agreement. The Japan-Mexico EPA was approved by the Diet at its 161 session, promulgated on March 4, 2005, and then came into effect on April 1, 2005.

The “movement of natural persons,” which is closely related to the immigration control administration tasks, is one of the core elements of the Japan-Mexico EPA. Under this EPA, the two nations mutually allow entry and temporary visits of (i) short term visitors on business (those on business trips), (ii) intra-company transferees, (iii) investors, and (iv) natural persons who are engaged in special work under individual contracts concluded with public or private organizations of their own country (those who engage in activities under the statuses of residence of “Engineer” and “Specialist in Humanities/International Services”), if they satisfy certain requirements.

### B. Negotiations on the Japan-ASEAN Comprehensive Economic Partnership Agreement

In January 2002, Prime Minister Koizumi proposed the Framework for a Comprehensive Economic Partnership between Japan and ASEAN. This framework aims at establishing a comprehensive economic partnership covering Japan and all the ASEAN countries as soon as possible within ten years. To this end, Japan intends to start bilateral negotiations with ASEAN member states that wish to have an economic partnership with Japan.

To this proposal, Thailand, the Philippines, and Malaysia requested the start of negotiations with Japan. Following repeated working group meetings between governments and study groups among industry, government and academia, at the Japan-ASEAN Commemorative Summit Meeting held in Tokyo in December 2003, it was agreed that Japan would start negotiations with Thailand, the Philippines, and Malaysia as soon as possible within 2004 and conclude an agreement within a reasonable period of time before the current momentum is lost.

Accordingly, Japan started official negotiations with Malaysia in January 2004 and with Thailand and the Philippines in February 2004. As the “movement of natural persons” is one of the core topics at every meeting, the Immigration Bureau sends its officials to participate in the meetings and actively take part in these negotiations.

In June 2003, Indonesia also requested the start of negotiations. A preliminary meeting for setting up a working group has been held. The two nations set up the
industry-government-academia study group in January 2005 and, then, agreed to start negotiations on an economic partnership agreement in June 2005.

At the Japan-ASEAN Summit meeting at the end of November 2004, the top leaders of the participating nations agreed that they would start negotiations on the Japan-ASEAN Comprehensive Economic Partnership Agreement in a different framework from the negotiations on bilateral economic partnership agreements. As a result, Japan will proceed with these negotiations, keeping a balance with bilateral talks.

## (A) Negotiations on the Japan-Philippines Economic Partnership Agreement

After vigorous bilateral talks held since February 2004, Japan and the Philippines basically agreed on the core elements of the Japan-Philippines Economic Partnership Agreement in November 2004.

As for the movement of natural persons, the two nations basically agreed that Japan would accept Philippine nurse and welfare caretaker candidates who meet certain requirements, on the condition that the Philippines would provide a proper scheme that satisfies Japan's requests. These Philippine nurse and welfare caretaker candidates may stay in Japan for a fixed period of time. After completing Japanese proficiency classes, they will be able to work in order to obtain applicable qualifications in Japan. If they successfully qualify as a nurse or welfare caretaker, they will be able to continue working in Japan as a nurse or welfare caretaker.

After taking Japanese proficiency classes, the Philippine welfare caretaker candidates will enter Japanese caretaker training institutes and will qualify as welfare caretakers on their graduation. In this sense, the Japan-Philippines EPA will provide a totally new model for accepting foreign workers.

## (B) Negotiations on the Japan-Thailand Economic Partnership Agreement

The two countries have been actively working on negotiations to agree on their EPA as early as possible in 2005. As for the movement of natural persons, the Thai government has made a number of requests to Japan, such as significantly relaxing the work experience requirements for Thai cooks to enter Japan. Along with the other ministries concerned, the Immigration Bureau has been examining Thailand's requests and actively working on the negotiations by sending its staff to participate.

## (C) Negotiations on the Japan-Malaysia Economic Partnership Agreement

The two countries are working on negotiations to agree on an EPA as early as possible in 2005. Like Thailand, the Malaysian government made a number of
requests to Japan. Along with the other ministries concerned, the Immigration Bureau has been examining Malaysia's requests. The bureau actively works on the negotiations by sending its staff to give explanations on Japan's immigration control procedures.

##### C. Japan-R.O. Korea Economic Partnership Agreement

When Prime Minister Koizumi visited R.O. Korea in March 2002, an agreement was reached on the establishment of an industry-government-academia joint study group to discuss an economic partnership between Japan and R.O. Korea. After repeated meetings of the joint study group, at the summit meeting in October 2003, the top leaders of the two governments agreed to initiate official negotiations by the end of 2003, aiming at substantially completing the negotiations by the end of 2005. In this context, the official negotiations started in December 2003. As R.O. Korea government has strong interests in how to facilitate and expedite immigration procedures to encourage the “movement of natural persons”, the Immigration Bureau has been sending its officials to participate in the meetings and actively promotes negotiations.

## (2) WTO Service Negotiations

Aiming at gradually further liberalizing service trade, a number of countries have decided to negotiate on liberalization commitments from the beginning of 2002 to January 2005.

In line with GATS (The General Agreement on Trade in Services) of the WTO (World Trade Organization) and subsequent Japanese offers, Japan has promised to accept the entry and temporary visits of (i) short term visitors on business (those on business trips), (ii) intra-company transferees, (iii) legal, accounting and taxation service providers, and (iv) those who are engaged in activities under the statuses of residence of “Engineer” and “Specialist in Humanities/International Services,” under certain requirements and limitations.

Mode 4 (supply of services via the movement of natural persons) is closely related to the immigration control services and also attracts strong interest and numerous requests from many nations.

From the viewpoint of transparency in the process, many of the WTO member nations have recently been calling for negotiations on Mode 4 service providers, the necessity of standardizing the commitment-related terminologies, and the format of commitment schedules. It is necessary to examine and address these problems from the viewpoint of immigration control administration tasks.
While the Ministry of Foreign Affairs is in charge of overall coordination, the Immigration Bureau is also actively working on examining new commitments or drafting documents, paying attention to requests from foreign nations. The bureau’s staff participate in the negotiation process to directly explain Japan’s immigration control framework.

## (3) Reports and Examinations in Accordance with Human Rights Treaties/Covenants

As Japan is a signatory nation to the International Covenant on Economic, Social and Cultural Rights (Covenant A), the International Covenant on Civil and Political Rights (Covenant B), the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention of the Rights of the Child, and Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it is necessary for Japan to report to the UN Secretary General on how Japan intends to implement these treaties.

As the government section in charge of immigration and resident control management, the Immigration Bureau is heavily involved in the report drafting process. Depending on the nature of the report, the bureau may attend the report review process in Geneva. The bureau also follows up the evaluation results of the report review process.

In FY 2003, Japan saw its 5th report review in July 2003 on the International Convention on the Elimination of All Forms of Racial Discrimination, and the 2nd report review in January 2004 in accordance with the Convention of the Rights of the Child. In FY 2004, Japan continued to work on its reports for the International Covenant on Civil and Political Rights (Covenant B), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

## (4) Other Treaties

Japan signed the FAL treaty (the Convention on Facilitation of International Maritime Traffic) which aims at simpler port-related paperwork in 1965 but Japan still has not ratified the treaty. After working on and examining the feasibility of ratifying the FAL treaty along with the other ministries concerned, the Immigration Bureau decided to implement the port-related document formats specified in the treaty and to form new measures for simpler paperwork in 2004. In March 2005, the bureau submitted the FAL treaty to the 162nd Diet session.

The bureau is also working on revising Annex 9 of the Convention on International