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）