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🏛 | "Help me from hell ..." Is the refugee applicant who is being held for a long time a "criminal"?Appeal from inside the wall


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"Help me from hell ..." Are refugee applicants in long-term detention "criminals"?Appeal from inside the wall

 
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Once detained with the judgment that "it corresponds to deportation", it is unknown when it will be released.
 

A refugee applicant who escaped from the crackdown by the government and came to Japan describes the situation he is in as "hell" ... → Continue reading

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Deportation

DeportationWhat is (Taikyokyosei)?Immigration Control and Refugee Recognition Act(Immigration Law)Administrative sanctionsOne of who is staying in JapanForeignerIs forcibly removed from Japan. The term "deportation procedure" is used when including the investigation and hearing procedures up to the disposition of deportation. Within the relevant government offices, the “deportation order” is shortened to “retirement”, and in the media etc.Deportation(Kyoseisokan)", "Deportation(Koku gaitai shoshobun)” is described.

In addition, the law has a disposition (. Abbreviation/retirement) that is refused when you try to enter (to be precise) landing in Japan from an area outside Japan, but the purpose, provisions, penalties, etc. are completely different from deportation. It is considered a different concept. This may also be referred to as “compulsory deportation” or “departure from the country” in the media, etc., and there are quite a few cases where both are confused and recognized.

Reason for deportation

Immigration Control and Refugee Recognition Act Article 24 Listed in summary of the reasons for deportation prescribed in each item. In this case, "Japan" refers to Japan. The exact reason for deportation is the text[1]reference.

  1. An effectivepassportWho have entered Japan without possessingImmigration officer(1) who entered Japan with the purpose of landing in Japan without permission to land in Japan
  2. Persons who landed in Japan without permission from the immigration officer to land (No. 2)
  3. Status of residenceThose who have been canceled (2 of 2)
  4. Those whose status of residence has been revoked and who remain in Japan after the period required for departure (2 of 3)
  5. Persons who forged documents, exercised counterfeit documents, etc., or loaned, for the purpose of improperly obtaining permission to land to other foreigners, permission to change status of residence, renewal of period of stay, etc.
  6. Alien residents in Japan (permit ofLanding at a portPermission ofLandingPermission ofCrew landingPermission ofLanding due to distressExcept for those who have received permission from. ) The following persons (No. 4)
    1. A person who is clearly admitted to be exclusively engaged in the activities of operating a business or the activities of receiving a reward in violation of the prohibition of activities outside the status of qualification (a. Excluding victims of trafficking in persons, etc.)
    2. Those who have stayed in Japan for the period of stay without being renewed or changed (b.Overstay.. (Except when there is a valid reason such as hospitalization)
    3. Human traffickingThose who have performed such as (C)
    4. Passport lawPersons punished for offenses (d. Some exclusions)
    5. Persons sentenced to crimes for violating the Immigration Control Act (e. Some exclusions)
    6. Alien Registration ActPersons sentenced to imprisonment or more (limited to prison sentences) for offenses (f)
    7. Juveniles sentenced to imprisonment for more than 3 years or imprisonment (g)
    8. Person convicted of drug crime (J)
    9. In addition, those who have been sentenced to imprisonment for more than one year or for more than one year, or have been imprisoned (Re. imprisonment only.)
    10. prostitutionPersons engaged in business directly related to (excluding victims such as human trafficking)
    11. Those who stumbled upon and helped illegal landing/entry of other foreigners (Le)
    12. A person who intends or insists on destroying the Constitution of Japan or the government established under it by violence, or who has formed or joined a political party, etc. that attempts or insists on this (o)
    13. Persons who form or join the following political parties or have a close relationship with them (wa)
      1. Political parties, etc. ((1)) who recommend to assault or kill public officials because they are public officials ((XNUMX))
      2. Political parties, etc. that encourage illegal damage or destruction of public facilities ((2))
      3. Political parties, etc. that recommend disputes that suspend or hinder the normal maintenance or operation of safety-preserving facilities at factory sites ((3))
    14. Those who created, distributed, and exhibited document drawings to achieve the purposes of the above political parties, etc.
    15. othersMinister of JusticeWho is recognized as having performed an act that harms the interests or public safety of Japan (Yo)
  7. A person who is resident under the status of residence set forth in Attached Table 1 and has been sentenced to imprisonment or imprisonment for certain criminal offenses, etc. (No. 4-2)
  8. A person who stays with a short-term residence status and illegally kills a person at the venue, etc. in connection with the progress and results of international competitions held in Japan or for the purpose of hindering the smooth implementation thereof. A person who assaulted someone, threatened a person, or damaged a building or other person (No. 4, 3.HooliganMeasures)
  9. Violators of the conditions for temporary landing permission (No. 5)
  10. Reason for landing refusalPersons who fall under the category of the above and have been ordered to leave and who will not leave without delay (No. 5-2)
  11. A person who has received a permit for landing at a port and remains in Japan after the permit period has passed (No. 6)
  12. Persons who have had their multiple landing permission canceled and remain in Japan after the period required for departure (6-2)
  13. Those who have left the nationality of Japan or foreigners born in Japan, etc., who remain in Japan 60 days after the date of nationality departure/birth without obtaining the status of residence (No. 7)
  14. Departure orderRecipients who have remained in Japan after the expiration date (No. 8)
  15. Persons who have been canceled due to violating the conditions attached to the departure order (No. 9)
  16. refugeesPerson whose certification has been revoked (No. 10. There is some exclusion.)

Relationship between departure orders and deportation

Departure order subject (for the scope ofDeparture orderThe first step is to leave the country through the immigration order procedure. However, if you do not leave the country within the departure time limit, and if you cancel the departure order because you violated the conditions attached to the departure order, you will be deported.

On the other hand, if it is found during the deportation procedure that you are the person subject to the departure order, you will be transferred to the departure order procedure (Article 47(2), Article 48(7), Article 49(5), Article 55-3).

Deportation procedure

Deportation procedures are carried out in the following order: violation investigation → detention → examination → oral proceedings → opposition → issue deportation order → deportation order execution. An outline will be given below.

Violation investigation

Violation investigation is about the existence of deportation reasonsImmigration OfficerIt is a survey conducted by. Immigration officers investigate suspects/witnesses,District courtOrSummary court OfjudgeMay be inspected, searched and seized by the warrant of

Accommodation

If the Immigration Control Officer has sufficient reason to suspect that the suspect is a reason for deportation, and if the foreigner is not eligible for departure order,Chief ExaminerRequest the issuance of a detention order. If the chief examiner acknowledges this and issues a detention order, the immigration control officer can show the detention order to the suspect and detain the suspect in a detention center. The period of detention is 30 days or less, but if there is an unavoidable reason, 30 days can be extended.

In practice, even if it is a deportation reason, those who are willing to return to Japan and report to the Regional Immigration Bureau, etc. themselves, and who are likely to be able to return to Japan on their own will be charged with a crime other than violation of the Immigration Control Act. If there is no suspicion, he will often be interrogated at home instead of restraining himself.

Examination

The immigration control officer shall deliver the suspect to the immigration inspector along with the records and evidence within 48 hours after the suspect's detention. After being handed over, the immigration inspector examines the records and evidences received, hears the circumstances from the suspect, and examines whether or not the suspect is a deportation reason. If the examination finds that there is no reason for deportation, the suspect will be released immediately. If it is determined that the person is eligible for the departure order, the procedure goes to the departure order procedure, and the suspect is immediately released after receiving the departure order. If the suspect is found to be a deportee, he will be notified of that fact and his right to an oral hearing. If the suspect submits to accreditation, the chief examiner will issue a deportation order.

Oral hearing

If the suspect disagrees with the accreditation, within 3 days from the date of notification of accreditation (the number of days is counted from the day after the notification)Special inquiry officerCan request an oral hearing. The special inquiry officer will examine the relevant documents, hear the circumstances from the suspect, and conduct an oral hearing to determine whether the immigration officer's authorization is correct. If the immigration inspector's authorization is incorrect and it is determined that there is no reason for deportation, the suspect will be released immediately. If it is determined that the person is eligible for the departure order, the procedure proceeds to the departure order procedure, and the suspect is immediately released after receiving the departure order. If it is determined that the suspect has no error in being deported, he will be notified of that fact and the right to file an opposition. If the suspect submits to the decision, the chief examiner will issue a deportation order.

Objection

If the suspect disputes the decision, he/she may file an opposition to the Minister of Justice within three days from the date of the notice of determination (the number of days is counted from the day after the notice).Minister of JusticeOr received the delegation of its authorityDirector of Regional Immigration BureauExamines the related documents and makes a written hearing as to whether there is a reason for the objection. If there is a reason for the objection and there is no reason for deportation, the suspect will be released immediately. If it is determined that the person is an embarkation order subject, the procedure goes to the embarkation order procedure, and the suspect is released immediately after receiving the departure order. There is no reason to file an objection,Special permission to stayIf it is decided not to do so, the chief examiner will issue a deportation order.The Minister of Justice, etc., even if there is no reason to file an objectionPermanent residence permitIf you have been registered in Japan as a Japanese citizen, if you are a victim of human trafficking, or if the Minister of Justice finds that there are special circumstances that require you to permit your residence, Specially permit the person to stay and immediately release the person.

However, the misuse of special residence permit for disguised marriage as "I have a marriage relationship with a Japanese person" is a Chinese society in Japan.Black turning whitePopular as (Hay Jean Pie). There are quite a few Japanese vendors who help with that.

Execution of deportation order

The deportation order issued by the chief examiner is executed by the immigration control officer (or police officer or coast guard). A person who has been issued a deportation order can also leave Japan at his or her own expense, with the permission of the immigration camp director or the chief examiner. Those who are subject to deportation are in principle returned to their home countries.

As a practical matter, if you can pay the deportation costs (mainly airfare) or receive the payment, it takes about 10 to 14 days even if you are detained (accommodated). If you can leave the country but cannot pay the cost, you will be repatriated with the national budget through various procedures and approvals, which may result in long-term detention. In some cases, evacuees refuse to evacuate and rampage, so it is often costly to attach several guards to one evacuee. The criticism that the use of the national budget is deeply rooted, and there is criticism that it should be evacuated at its own expense. Repatriation of national funds is carried out by about 1 people in 2014-16, 200 people in 2017, 308 people in 2018[2].

We also carry out small-group repatriation, in which some seats of regular flights are rented and multiple deportees are repatriated at once. In 2017, there were 2 people twice, and in 12, there were 2018 people 6 times by June.[2].

In order to control the cost of moving out, since 2013, dozens of illegal residents of the same countryCharter machineIntroduced a method to evacuate[3].. Can be returned without being denied boarding by the Captain.

A record of forced repatriation to a homeland by a charter aircraft. () indicates the number of staff[4]

  1. July 2013, 7 Filipinos[5](62)
  2. December 2013, 12 Thais[5](60)
  3. December 2014, 12 Sri Lankans, 26 Vietnamese[5](70)
  4. 2015 November 11, 25 Bangladeshi[5](63)
  5. September 2016, 9, 22 Sri Lankans[6](69)
  6. February 2017-2, 20, 21 Thais, 32 Vietnamese, 10 Afghanistan, cost about 1 million yen[7][8](69)
  7. February 2018, 2, 8 Vietnamese, cost about 47 million yen[9]

In 2018, the number of foreigners who had been deported in 19 increased by 16,269% from the previous year to 4,395, by country Vietnam 4,185, China 2,101 and Thailand XNUMX.[10].

Deported provisionally released person

Among those who should be deported immediately after the deportation order is issued, they cannot be deported due to various reasons (such as refugee application, the government of the nationality country refused to take over the person, etc.). Those who have been expropriated from. The deportation order is in effect and is in a position to be repatriated (return home). The provisional release systemImmigration Control and Refugee Recognition ActIt is defined by. The number of provisionally released immigrants has been increasing each year, peaking at 2015 in 3,606, and then declining, but as of June 2018, it was 6.[2].. Also referred to as a deporter[2].

footnote

[How to use footnotes]
  1. ^ "Immigration Control and Refugee Recognition Act". e-Gov Law Search.Administrative Management Bureau, Ministry of Internal Affairs and Communications. 2006/3/30Browse.
  2. ^ a b c d About deportation work Immigration Bureau, Ministry of Justice December 2018 (PDF)
  3. ^ “Illegal stay, return XNUMX people by chartered plane”. Yomiuri Shimbun(November 2013, 7). オ リ ジ ナ ルArchived as of October 2013, 7.. http://web.archive.org/web/20130707033402/http://www.yomiuri.co.jp/national/news/20130707-OYT1T00203.htm 2013/7/7Browse. 
  4. ^ About deportation work Immigration Bureau, Ministry of Justice (November 2017) (PDF)
  5. ^ a b c d “The Japanese government forcibly repatriates 22 Bangladeshis, including refugees who have not been identified”. Reuters(July 2015, 12). https://jp.reuters.com/article/bangladesh-idJPKBN0TT05020151210 2018/6/22Browse. 
  6. ^ "Protest statement against repatriation to Sri Lanka (September 2016, 9)”. Refugee Assistance Association (October 2016, 10). 2018/6/22Browse.
  7. ^ “Immigration, forcibly repatriating 43 Thais, 25 years stay with charter aircraft”. Kyodo News 47 NEWS(November 2017, 2). オ リ ジ ナ ルArchived as of October 2017, 2.. http://archive.is/bTuhg 2018/6/22Browse. 
  8. ^ “Immigration “Inflates” deportees”—two-thirds are not eligible “returnees””. Weekly friday(July 2017, 3). http://www.kinyobi.co.jp/kinyobinews/2017/03/23/%E5%85%A5%E7%AE%A1%E3%81%8C%E5%BC%B7%E5%88%B6%E9%80%81%E9%82%84%E8%80%85%E3%82%92%E6%B0%B4%E5%A2%97%E3%81%97%E2%80%95%E2%80%953%E5%88%86%E3%81%AE2%E3%81%8C%E5%AF%BE%E8%B1%A1%E5%A4%96/ 2018/6/22Browse. 
  9. ^ "XNUMX Vietnamese repatriated by charter aircraft". Sankei News(July 2018, 2). https://www.sankei.com/affairs/news/180208/afr1802080062-n1.html 2018/6/22Browse. 
  10. ^ “Forcibly deported foreigners for 18 years, 19% increase most in Vietnam”Nihon Keizai Shimbun. (June 2019, 3). https://www.nikkei.com/article/DGXMZO42975400X20C19A3PP8000/ 

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