## ② Procedures for Entry (Landing) Examinations of Foreign Nationals $ (^{*1}) $

The procedures for entry examinations of foreign nationals are structured as a three-step examination process so that the cases may be examined carefully and foreign nationals will have sufficient chance to assert and prove that they comply with the conditions for landing.

## (1) Entry (Landing) Examination (Chart1)

If a foreign national has applied for landing and such foreign national (excluding special permanent residents) has fulfilled his or her obligation to submit biometric information (fingerprints and facial photographs) (Article 6, paragraph (3) of the Immigration Control Act), the immigration inspector will examine whether such foreign national meets with the conditions for landing in Japan ((i) the foreign national possesses a valid passport; (ii) a valid visa is attached to the passport, except in cases where the foreign national is eligible for a visa waiver; (iii) the activity the foreign national has applied for is not false and comes under one of the statuses of residence listed in one of the Appended Tables of the Immigration Control Act, and moreover, with regard to certain statuses of residence, meets the landing permission criteria given in the Ministerial Ordinance on Criteria; (iv) the period of stay applied for conforms to the provisions of the Ordinance of the Ministry of Justice; and (v) the foreign national does not fall under any of the grounds for denial of landing) (Article 7, paragraph (1) of the Immigration Control Act). When an immigration inspector finds that a foreign national conforms to the abovementioned conditions, the immigration inspector will determine a status of residence and the period of stay, and affix a seal of verification for landing onto the foreign national's passport.

The provision of biometric information (fingerprints and facial photographs) at the time of the entry (landing) examination became mandatory through the 2006 amendment of the Immigration Control Act (enforced on November 20, 2007).

## (2) Hearing

If a foreign national is found, as a result of the landing examination by the immigration inspector at the port of entry and departure, not to conform to the conditions for landing, the case will be assigned to a special inquiry officer $ (^{*2}) $ , who will hold a hearing (Article 9, paragraph (5) and Article 10, paragraph (1) of the Immigration Control Act).

If the special inquiry officer finds, as a result of the hearing, that the foreign national conforms to the conditions for landing, the foreign national will immediately be granted landing permission (Article 10, paragraph (8) of the Immigration Control Act).

## (3) Filing of an Objection

On the other hand, a foreign national who is found not to conform to the conditions for landing may either accept the finding or file an objection. In the case of the former, the foreign national will be ordered to depart from Japan. In the latter case, the foreign national may file an objection with the Minister of Justice within three days after receipt of the notice (Article 10, paragraph (10) and Article 11, paragraph (1) of the Immigration Control Act).