### 4. Refugee Examination Counselors System

The Refugee Examination Counselors System was started in May 2005 in order to ensure the equity and neutrality of the objection filing procedures. This procedure made it mandatory for the Minister of Justice to hear the opinions of refugee examination counselors when making a decision on objections filed against the disposition, such as denial of recognition of refugee status or revocation of recognition of refugee status.

The refugee examination counselors are of good character, being able to make a fair judgment regarding objections to the disposition such as denial of recognition of refugee status and moreover, with an academic background in law or international current affairs. They are appointed by the Minister of Justice, in some cases after having been recommended by the United Nations High Commissioner for Refugees (UNHCR), the Japan Federation of Bar Associations, an NGO or some other organization.

The Act provides that the Minister of Justice must hear the opinions of refugee examination counselors on all cases in which an objection has been filed. Therefore, in the objection filing procedures, prior to this process, an oral statement of opinions by the petitioner, etc. is given in which the petitioner or other person states his or her opinion and a hearing is held where the refugee inquirer or refugee examination counselors may ask questions to the petitioner. After the oral statement of opinions and the hearing, refugee examination counselors exchange opinions with other refugee examination counselors, then draw up a written opinion and submit it to the Minister of Justice.

In addition, with respect to the procedures for the request for an administrative review from April 1, 2016 onwards, the Act provides that the Minister of Justice must hear the opinions of refugee examination counselors not only with regard to the dispositions of denial of recognition of refugee status, but for determinations on an administrative review pertaining to inaction on an application for recognition of refugee status. Therefore, prior to the determination, the procedures for the administrative review, such as an oral statement of opinions and a questioning, are carried out by refugee examination counselors, and after the oral statement of opinions and the questioning, refugee examination counselors exchange opinions with other refugee examination counselors, then draw up a written opinion and submit it to the Minister of Justice.

### 5. Landing Permission for Temporary Refuge

Landing permission for temporary refuge, prescribed as one of the types of special landing permission granted to foreign nationals (Article 18-2 of the Immigration Control Act), will be granted by an immigration inspector if a foreign national aboard a vessel or aircraft has fled from a territory where his or her life, body or physical freedom is likely to be endangered for the reasons prescribed in the Refugee Convention and other reasons equivalent thereto, and it is appropriate for permission for temporary landing to be granted to such foreign national. The period for landing is determined as a period not exceeding six months (Article 18-2, paragraph (4) of the Immigration Control Act; Article 18, paragraph (5) of the Ordinance for Enforcement of the Immigration Control Act).