This appendix explains the legal status of convention refugees
and their family members, the content of the Convention Relating
to the Status of Refugees, and so on. We hope that it will be of
use to administrative and welfare officials who handle matters relating
to such persons and parties that offer support to such people.
1. Convention Refugee
Refugees who are defined in the Convention Relating to the Status
of Refugees (the refugee convention) and the Protocol Relating
to the Status of Refugees are called "convention refugees."
The definition of a convention refugee is as follows:
| （1） |
Those who have a well-founded fear of being
persecuted for reason of race, religion, nationality, membership
of a particular social group, or political opinion |
| （2） |
Those who remain outside of their country
of nationality |
| （3） |
Those who are unable to receive the protection
of their country of nationality or, owing to such fear, are
unwilling to avail themselves of the protection of that country |
2. Convention Relating to the Status of Refugees
（1）Background
Because of the unprecedentedly large number of refugees who
emerged mainly in Europe as a result of World War II and the political
and social changes that occurred after the war, a mood in favor
of international cooperation to protect the refugees and solve
the problem gained momentum in the international community. An
ad hoc committee set up in 1949 following a resolution by the
Economic and Social Council of the United Nations compiled a draft
of the refugee convention in 1950 and submitted it to the 5th
UN General Assembly, which was held in the same year. This draft
was adopted at the Conference of Plenipotentiaries held in Geneva
in 1951, and the Convention Relating to the Status of Refugees
went into effect on April 22, 1954.
（2）Accession of Japan
Japan suddenly became more involved with the refugee problem
following the mass exodus of Indo-Chinese refugees in the first
half of 1979, and the government adopted various measures, including
large-scale financial cooperation and the acceptance of refugees
for long-term residence, under a full-fledged refugee policy.
These efforts received international recognition to an extent,
but at the same time it was felt that expanding protection and
relief for refugees by acceding to the Convention Relating to
the Status of Refugees and the Protocol Relating to the Status
of Refugees was not only desirable from the viewpoint of respect
for human rights but also significant in terms of enhancing Japan's
international cooperation. Therefore, Japan acceded to the convention
on October 3, 1981, and the protocol on January 1, 1982.
As a means of establishing the necessary domestic legislation
following the signing, the Immigration Control Order was revised
in 1981, and the Immigration Control and Refugee Recognition Act,
which permits refugees to land in Japan for temporary protection
and stipulates a system of refugee recognition, went into effect
on January 1, 1982.
3. Protocol Relating to the Status of Refugees
The refugee convention was drawn up to address the problem of
refugees that had occurred mainly in Europe following World War
II. Therefore, it had a time limitation in being applicable only
for refugees created "as a result of events occurring before
1 January 1951" and a geographical limitation, because signatories
could opt to declare that "events occurring before 1 January
1951" was understood to mean "events occurring in Europe."
The protocol removed these time and geographical limitations
and thereby widened the scope of convention refugees.
4. Mandate Refugee
A mandate refugee is a person who is recognized as a refugee
by the United Nations High Commissioner for Refugees (UNHCR) on
the basis of the statute of the Office of the UNHCR.
While a convention refugee can receive various forms of protection
from the host country in accordance with the refugee convention,
a mandate refugee is not guaranteed the same treatment as a convention
refugee from the country where he or she is staying.
In the case of persons who receive recognition as mandate refugees,
the UNHCR provides international protection to prevent such persons
from being sent to a country where they fear persecution (for
example, putting pressure on the country of stay and finding a
country that will accept the refugee) and, if necessary, offers
assistance to ensure a minimum livelihood.
5. Indo-Chinese Refugees
（1）Who are Indo-Chinese refugees?
In 1975 political changes occurred in the three Indo-Chinese
countries of Cambodia, Laos, and Vietnam, and these nations shifted
to socialist regimes. The term "Indo-Chinese refugee"
refers to the Cambodian, Laotian, and Vietnamese refugees who
escaped to neighboring countries because they feared persecution
under the new regimes that took over or did not like the new regimes.
An estimated 2 million people are said to have fled from their
countries - Vietnamese by boat from South Vietnam, Laotians over
the Mekong River into Thailand, and Cambodians through dense forests
to camps in the border region with Thailand.
（2）Background
Phnom Penh in Cambodia and Saigon in Vietnam fell one after
the other in April 1975, and the first boat people to come to
Japan (nine Vietnamese) arrived at the port of Chiba on May 12
of that year. There was then a mass exodus of Indo-Chinese refugees
following the establishment of the Lao People's Democratic Republic
in December of that year and Democratic Kampuchea in January 1976.
（3）Japanese cabinet agreements relating to the acceptance of
Indo-Chinese refugees, etc.
| -- |
On September 20, 1977, the government decided
to promote countermeasures through the establishment of the
Coordinating Council for Vietnamese Refugees in order to respond
to the increased entry of Vietnamese refugees and facilitate
smooth processing. |
| -- |
On April 28, 1978, the government decided
on a policy of granting long-term residence status to those
Vietnamese refugees staying temporarily in Japan who wished
to settle in this country. |
| -- |
On April 3, 1979, the government decided to
allow the long-term residence in Japan of not only Vietnamese
refugees but refugees from Cambodia and Laos who were staying
temporarily in Southeast Asia. Also, under commission from
the government, the Refugee Assistance Headquarters of the
Foundation for the Welfare and Education of the Asian People
was established in November of the same year. In December
the Himeji Resettlement Promotion Center was opened to provide
Japanese-language studies and introduce work. The long-term
residence quota was set at 500 persons. The Yamato Resettlement
Promotion Center was opened in February 1980. |
| -- |
On June 17, 1980, the Coordination Council
for Vietnamese Refugees was renamed the Coordination Council
for Indo-Chinese Refugees and set up within the Cabinet Secretariat.
The long-term residence quota was expanded to 1,000 persons,
and conditions for long-term residence were relaxed. |
| -- |
On April 28, 1981, the long-term residence
quota was expanded to 3,000 persons, and former students in
Japan were included in the quota. |
| -- |
On February 1, 1982, the Omura Refugee Reception
Center was established. |
| -- |
On November 1, 1983, the long-term residence
quota was expanded to 5,000 persons. |
| -- |
On July 9, 1985, the long-term residence quota
was expanded to 10,000 persons. |
| -- |
On March 4, 1994, the long-term residence
quota of 10,000 persons was abolished. |
| -- |
On July 29, 2002, the Coordination Council
for Indo-Chinese Refugees in the Cabinet Secretariat was renamed
the Coordination Council for Refugees. |
| -- |
On August 7, 2002, convention refugees became
eligible for the same assistance as Indo-Chinese refugees,
and this assistance was commissioned to the Foundation for
the Welfare and Education of the Asian People. |
6. Passport
（1）What is a "passport"?
A passport is an official document by which the government of
the issuing country gives evidence that the person named therein
is a citizen of that country and requests foreign governments
to grant protection and assistance so that the holder can travel
overseas safely.
（2）Refugees and passports
Since convention refugees are those who have a fear of being
persecuted for reason of race, religion, nationality, membership
in a particular social group, or political opinion, they are people
who remain outside their country of nationality and cannot receive,
or do not desire to receive, the protection of the country of
nationality. Accordingly, they might not be able to receive the
new issue or extension of a passport from the government of their
home country (embassy or consulate).
Except in cases where there are unavoidable reasons involving
the security or public order of the country, contracting parties
to the Convention Relating to the Status of Refugees agree to
issue a refugee travel document so that convention refugees are
able to travel overseas.
7. Visa
Foreigners who wish to enter Japan (excluding the crews of ships
or airplanes) must first of all obtain a passport from the government
of their own country and then in principle, before coming to Japan,
acquire a visa stamped in that passport by a Japanese embassy
or consulate overseas that conforms to the purpose of the visit.
Then, when entering Japan, the foreigner must undergo inspection
by an immigration official at the port of entry (airport or sea
port) and receive a stamp of landing permission.
However, persons from countries with which Japan has concluded
a visa exemption agreement do not require a visa as long as the
purpose of their visit and length of stay is within the scope
of the agreement.
Also, persons who have obtained a reentry visa beforehand and
persons who possess a valid refugee travel document do not require
a visa when reentering Japan.
8. Travel Document
A travel document is a certificate issued by a Japanese consulate,
etc. to foreigners who for some reason cannot possess a passport
that is recognized as being valid by Japan so that they can travel
to Japan; it can be used in place of a passport.
9. Procedure for Recognition of Refugee Status
（1）Supporting legislation
The supporting regulation is Article 61-2 of the ICRRAct. The
Convention Relating to the Status of Refugees does not stipulate
any procedures for recognizing refugee status.
（2）Application period
An application for recognition of refugee status must be made
within 60 days from the day when the applicant lands in Japan
(or from the day when the facts become known if the foreigner
becomes a refugee while in Japan).
However, the article also states that "this shall not apply
if there are unavoidable circumstances" (Immigration Control
and Refugee Recognition Act, Article 61-2-2).
（3）Where to apply
Applications for recognition of refugee status are accepted
at Regional Immigration Bureaus, District Offices, and branches.
（4）Burden of proof and investigation of facts regarding the
applicant
The application for recognition of refugee status is screened
based on the materials submitted by the applicant. Accordingly,
the applicant is required to prove that he or she is a refugee
by submitting evidence and witness testimonials.
However, if there is a danger that proper recognition cannot
be made only from the materials submitted by the applicant, the
Minister of Justice can request refugee inspectors to investigate
the facts (Immigration Control and Refugee Recognition Act, Article
61-2-3-1).
（5）Filing of an objection
Persons who do not receive recognition of refugee status, and
persons who have their recognition of refugee status cancelled,
can, if they have any objection to the judgement, file an objection
to the Minister of Justice within seven days of the day on which
they receive notification of the judgement (Immigration Control
and Refugee Recognition Act, Article 61-2-4).
（6）Effects of refugee recognition
In addition to the partial relaxation of conditions of eligibility
for permanent residence status, foreigners who receive recognition
of refugee status can apply for the issue of a refugee travel
document and, if filing an objection to a deportation order, receive
special permission to stay in Japan from the Minister of Justice
(Immigration Control and Refugee Recognition Act, Article 61-2-5,
Article 61-2-6, and Article 61-2-8). Also, in terms of social
security, in principle they are entitled to the same treatment
as Japanese nationals or ordinary foreign residents. For example,
as with Japanese nationals, they are eligible to receive such
benefits as the national pension and child-care allowance.
10. Landing Permission for Temporary Refuge
This is one method of granting special landing permission to
foreigners. If it is deemed that a foreigner on board a ship,
etc. may be recognized as a refugee and that it is appropriate
to allow that foreigner to temporarily land in Japan, temporary
entry and stay are permitted through simplified procedures.
Japan granted landing permission for temporary refuge to many
so-called "boat people" who arrived in Japan by ship
from Indochina after 1975.
11. Refugee Travel Document
（1）Supporting legislation
Article 28 and attachments of the Convention Relating to the
Status of Refugees; Article 61-2-6 of the Immigration Control
and Refugee Recognition Act
（2）Necessary documents for application
Photo, passport or certificate of residence status, Certificate
of Alien Registration, certificate of refugee recognition (For
details, see the homepage of the Ministry of Justice at www.moj.go.jp.)
（3）Where to apply
Applications should be made to the Regional Immigration Bureau
with jurisdiction over the applicant's area of residence.
12. Alien Registration
（1）Purpose
The purpose of alien registration is to clarify matters pertaining
to the residence and status of foreigners living in Japan by enforcing
the registration of such foreigners and to use the materials and
information thereby obtained for immigration control and various
other administrative services (education, welfare, tax, etc.),
thereby promoting the equitable control of such foreigners.
（2）Targets
With the exception of cases in which the local municipal government
recognizes a legitimate reason and extends the application period,
all foreigners staying in Japan must register at the local municipal
government in the area where they live within 90 days from the
day of landing (within 60 days in the case of birth) (Alien Registration
Law, Article 3).
The term "alien" means, of persons not having Japanese
nationality, any person other than those who have been granted
permission for provisional landing, landing at the port-of-call,
landing in transit, landing for crew personnel, emergency landing,
and landing due to disaster, as provided for in the Immigration
Control and Refugee Recognition Act (Alien Registration Law, Article
2).
（3）Registration items
There are 20 items that are registered, including name, date
of birth, nationality, place of residence, occupation, and status
of residence. In the case of permanent residents and special permanent
residents, however, registration of occupation and name and address
of workplace or office is exempted. In addition, the registration
of family matters is exempted in the case of foreigners who have
been granted a period of stay of less than one year under the
provisions of the Immigration Control and Refugee Recognition
Act during that period of stay.
13. Matters Concerning the Residence of Foreign Nationals
Foreigners who reside or stay in Japan are permitted to engage
in activities within the scope of the status of residence granted
to them at the time of their landing or entry into Japan. In addition,
these activities are limited to the period of stay stipulated
in accordance with the status of residence. Persons who wish to
change the content of their activity after entering Japan, persons
who wish to extend their period of stay, persons who wish to obtain
permanent residence in Japan, persons who wish to acquire a new
status of residence as a result of birth in Japan, and so on are
required to undergo screening on the basis of an application,
which may or may not be approved.
| （1） |
Permission to engage in an activity other than that permitted
by the status of residence previously granted (Immigration
Control and Refugee Recognition Act, Article 19-2)
This permission is required when a foreigner wishes to
engage in an activity involving the management of an income-generating
business or remuneration other than that permitted under
the current status of residence.
|
| （2） |
Permission to change status of residence (Immigration Control
and Refugee Recognition Act, Article 20)
This permission is required when a foreigner wishes to
cease the activity permitted under the current status of
residence and engage in a new activity that falls under
a different status of residence.
|
| （3） |
Permission to extend period of stay (Immigration Control
and Refugee Recognition Act, Article 21)
This permission is required when a foreigner wishes to
remain in Japan after the period of stay has expired in
order to continue the same activity.
|
| （4） |
Permission for permanent residence (Immigration Control
and Refugee Recognition Act, Article 22, Article 22-2, Article
22-3)
This permission is required when a foreigner wishes to
change his or her status of residence to permanent residence.
The conditions for granting permanent residence status are
as follows:
| (a) |
The applicant must be of good conduct. |
| (b) |
The applicant must have sufficient assets
or skills to make an independent living. |
| (c) |
The applicant's permanent residence
must be in the interests of Japan. |
However, if the applicant is the spouse or child of a
Japanese, a person with permanent residence status, or a
special permanent resident, it is not necessary to meet
conditions (a) and (b). And if the applicant has received
recognition as a refugee, it might not be necessary to meet
conditions (a) and (b).
Since there are no limitations on the activities or period
of stay of permanent residents, a person who has been granted
permanent residence status is not required to receive permission
to engage in an activity other than that permitted under
the status of residence previously granted or permission
for an extension of the period of stay.
|
| （5） |
Permission to acquire status of residence (Immigration
Control and Refugee Recognition Act, Article 22-2, Article
22-3)
This permission is required if a foreigner who is born
in Japan or a person who has renounced Japanese nationality
wishes to continue living in Japan.
|
| （6） |
Reentry permission (Immigration Control and Refugee Recognition
Act, Article 26)
This permission is required if a foreigner living in Japan
wishes to leave Japan on temporary business during the authorized
period of stay and then return to Japan and continue the
same activity as before.
|
| （7） |
Other procedures
Besides the above, other procedures that are required
include annulment of the status of residence if the foreigner
acquires Japanese nationality (naturalization), the transfer
of certification stamps to a new passport if necessary,
and application for issuance of a certificate of authorized
employment.
|
14. Special Permission to Stay in Japan
Even if it is judged that an objection filed regarding status
of residence in accordance with Article 49-1 of the Immigration
Control and Refugee Recognition Act is groundless, through a special
decision by the Minister of Justice as stipulated in Article 50-1
and Article 61-2-8 of the Immigration Control and Refugee Recognition
Act on special permission to stay in Japan, special permission
to stay in Japan can be granted to a foreigner who is subject
to deportation.
* A person who does not have a status of residence but has received
refugee recognition can, in deportation procedures, file an objection
to the Minister of Justice requesting special permission to stay
in Japan.
15. Deportation
"Deportation" means the compulsory expulsion from
Japan of any person who falls under the conditions stipulated
in Article 24 of the Immigration Control and Refugee Recognition
Act.
In accordance with Article 33 of the Convention Relating to
the Status of Refugees (the principle of non-refoulement), convention
refugees are not compulsorily deported to their home countries.
However, there is an exceptional regulation in paragraph 2 of
that article, whereby persons who are a danger to the security
of the country in which they are staying or who, having been convicted
of a particularly serious crime, constitute a danger to the community
of that country are unable to claim the benefit of not being deported
as stipulated in paragraph 1.
Also, since many Indo-Chinese refugees are not refugees according
to the definition of the refugee convention, if there is no danger
of them being persecuted upon return to their home country, they
are eligible for deportation under the same conditions as those
for ordinary foreigners. Accordingly, it is important to note
that if such people commit a crime, even if it is not an especially
serious crime, there is a possibility of them being deported to
their home country.
The main examples of reasons for deportation as stipulated in
Article 24 of the Immigration Control and Refugee Recognition
Act are as follows:
| (a) |
Any illegal entrant (stowaways, entry with
a false passport, etc.) |
| (b) |
Any person who stays in Japan beyond the authorized
period of stay (overstay) |
| (c) |
Any person who has produced false documents
with the purpose of enabling other foreigners to receive permission
illegally or have abetted such foreigners |
| (d) |
Any person who has been found guilty of violating
a drug-related law (including persons who receive a suspended
sentence) |
| (e) |
Any person who is sentenced to penal servitude
or imprisonment of indeterminate period or more than one year
(excluding persons who receive suspended sentences) |
| (f) |
Any person who is engaged in prostitution
or procuring prostitutes for others, solicitation, furnishing
of the place for prostitution, or any other business directly
concerned with prostitution |
| (g) |
Any person who has incited, instigated, or
aided the illegal entry or illegal landing of others |
16. Nationality
Nationality is a qualification of a person to be a member of
a specific country. On the basis of nationality, various rights,
duties, and other legal relations are generated between the state
and its people. A person's nationality is decided by the law relating
to the acquisition and loss of that country's nationality stipulated
by each state. It is the principle of international law regarding
nationality legislation that each country can determine the scope
of its citizenship by itself.
17. Naturalization（Please see main text, 1-10）
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