## Section 2 ♦ Proper Protection of Foreign Domestic Violence Victims

## 1 Outline

Domestic violence, which includes an act that may constitute a crime, is a serious infringement against human rights. Similar to cases of trafficking in persons, an immediate and accurate response is required from a humanitarian point of view.

If the Immigration Bureau identifies a foreign national as a victim of domestic violence, the Bureau will offer secure protection for the physical welfare of the victim in cooperation with the related organizations, and if the victim has applied for an extension of the period of stay or has applied for a change in the status of residence where a change has become necessary owing to domestic violence and the victim finds it difficult to prepare the necessary papers having suddenly been forced out of his or her home, the Immigration Bureau will give full consideration to the position of the victim, and will respond appropriately in a humanitarian manner such as granting permission taking into account individual circumstances. In addition, with regard to victims who are in violation of the Immigration Control Act such as staying beyond their authorized period of stay due to domestic violence, the Immigration Bureau gives sufficient consideration to the case and, depending on the case, will take humanitarian measures, such as granting special permission to stay.

Further, a law to partially amend the Act on the Prevention of Spousal Violence and the Protection of Victims was enforced in January 2008, and the “Basic Policy Relating to Measures to Prevent Spousal Violence and Protect Victims” (*) was formulated by the relevant ministries and agencies, including the Ministry of Justice, based on this law. In light of this basic policy, the Ministry of Justice established its own guidelines on the measures in July of the same year, and in cases where a person is identified as a victim of domestic violence, taking into full consideration the fact that the victim has been placed in a harsh situation both physically and mentally, the Immigration Bureau deals appropriately according to the physical and mental condition, etc., of the victim, and strives to further protect the victim by cooperating with the Spousal Violence Counseling and Support Center, the Women’s Consulting Offices, police and other related organizations.

## ② Number of Recognized Foreign Domestic Violence Victims

The Immigration Bureau places emphasis on the protection of victims and treats the victims properly from a humanitarian perspective by ensuring coordination with the agencies concerned, and gives careful consideration to the wishes and situations of the victims in the procedures for such as examination of the status of residence or the deportation procedures while considering their individual circumstances. The number of foreign domestic violence victims who were recognized in the process of residence examination or the deportation procedures during 2014 was 75 (Table 48, 49).

The Immigration Bureau took the individual situations of the victims into account and permitted in most of the cases extension of the period of stay or a change to the status of residence.