## 1 Investigation into Violations by an Immigration Control Officer

An investigation into the violation by an immigration control officer is the first step in the deportation procedures for foreign nationals. An immigration control officer will conduct an investigation into the violation as stipulated in Article 27 of the Immigration Control Act of a foreign national who is believed to come under one of the grounds for deportation as stipulated in Article 24 of the Act (hereinafter referred to as "suspect"). If the immigration control officer determines that there is reasonable cause to believe that the suspect falls under one of the grounds, he or she may detain the suspect in accordance with a written detention order issued by a supervising immigration inspector (*) following which the suspect will be handed over to an immigration inspector (Article 39 and Article 44 of the Immigration Control Act).

## ② Examination of Violations by an Immigration Inspector/Hearing by a Special Inquiry Officer

An immigration inspector, on receiving the delivery of the suspect and the case, examines whether the case falls under one of the grounds for deportation (examination of the violations provided for in Article 45, paragraph (1) of the Immigration Control 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, the suspect may request a hearing by a special inquiry officer (Article 48 of the Act). If the suspect is dissatisfied with the findings of the special inquiry officer, he or she may file an objection with the Minister of Justice (Article 49, paragraph (1) of the Immigration Control Act).

## ③ Determinations by the Minister of Justice

The Minister of Justice makes a decision as to whether or not the objection is with reasonable grounds after receiving it (Article 49, paragraph (3) of the Immigration Control Act).

## 4 Granting or Denial of Permission for Residence

## (1) Denial of Permission for Residence (Deportation)

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

☐ The immigration inspector has conducted an examination of a violation and finds that the foreign national falls under one of the grounds for deportation, and the foreign national has submitted to the findings (Article 45, paragraph (1) and Article 47, paragraph (5) of the Immigration Control Act).

☐ A foreign national, who was found to have fallen under one of the grounds for deportation, objected to the findings and requested a hearing by a special inquiry officer and, as a result of the hearing, the special inquiry officer found that there was no error in the findings, and the foreign national submitted to the findings (Article 48, paragraphs (1) and (9) of the Immigration Control Act).

○ A foreign national who objected to the results of the hearing, filed an objection with the Minister of Justice and, as a result, received a notice of the Minister’s decision that the objection is without reason, and whom the Minister of Justice does not find grounds to grant special permission to stay (Article