### 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 4 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 8 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 5 of the Act).

If a foreign national is found not to fall under one of the grounds for deportation in the violation examination procedures and receives the Minister’s decision that the objection is with reason, the foreign national is granted immediate provisional release.

(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, 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 and Article 61-2-8 of the Act. In accordance with the partial amendment of the Penal Code and relevant laws promulgated on June 22, 2005 (Law No. 66 of 2004), the Minister of Justice may grant special permission for landing to a foreign national if he finds that the foreign national entered Japan under the control of another such as through in persons.).

### e. Departure Order System

The Departure Order System was established when the amendment of the Immigration Control Act entered into force in December 2004. Under the system, illegal foreign residents who satisfy certain requirements may depart from Japan without being detained in accordance with simple procedures.

Upon establishment of the departure order system, the period of denial of landing applicable to foreign nationals who have departed from Japan by a departure order has been reduced to one year.

A foreign national who has stayed in Japan beyond the authorized period of stay and who also satisfies all of the following requirements may be ordered to depart from Japan.