Revision of the Immigration Control Act

1. What is the Immigration Law?

The official name of the Immigration Act is Immigration Control and Refugee Recognition Act. In Japanese, it is often said as "Nyukan hou (入管法)". This law refers to the rules governing entry and exit from Japan, visas, illegal stay and procedures for the recognition of refugee status, etc. This law governs all the basics of visa matters. In other words, it is a very important law for foreigners in Japan. The Immigration Control Act has recently been in the news for its amendments and proposals for future amendments. The novelties of the "Nyukan hou" law will have to be closely followed. This article examines recent changes in the Law.

2. The Immigration Act recently amended

Recently also the Immigration Law amendment came into force on June 10 of this year. This amendment relates mainly to the functioning of the refugee status system and the detention of deportees. Let's look at some major amendments.

(1) Repatriation of refugee applicants

According to the revised law, if a person has applied for refugee status twice and has been denied, and then applies for refugee status a third time, he may, in some cases, be deported even while applying for refugee status. Basically, it is not allowed to deport a person while applying for refugee status. However, the amending law allows repatriation in exceptional circumstances, even if the person is in the process of applying for refugee status. The government's argument for making such an exception is that there are a number of asylum seekers who apply for refugee status only to avoid repatriation, when it is clear that they do not actually meet the requirements to be refugees. However, it has been criticized that deporting those in the process of applying for refugee status could be contrary to the Convention relating to the Status of Refugees.

(2) Establishment of a new system of supervision measures

As for people currently subject to deportation, they all run the risk of being arrested. The decision to arrest is in the hands of the immigration authorities and there is no possibility of prior judicial review. This means that they can be stopped uniformly, regardless of the need to stop them. In addition, a maximum period of detention has not even been set. On this detention system, the UN (United Nations Organization) has asked the Japanese government to modify the law on the detention of deportees. Therefore, the Japanese government established a new system called the System of Supervision Measures (Kanri Sochi Seido監理措置制度) through this amendment.

The system of supervisory measures is a system by which, instead of arresting the subject, he is monitored by a supervisor authorized by the immigration authorities and the supervisor is obliged to inform the immigration authorities. However, the immigration authorities are left to decide whether or not to apply this system to the person and, in the end, the fact is that all deportees run the risk of being detained indefinitely as before. In addition, the system of supervisory measures itself also faces major problems. Normally it is assumed that the person who becomes supervisor supports the subject, but the supervisor is obliged to inform the immigration authorities and, in addition, is subject to administrative sanctions if he does not report correctly, which means that he has to act as a kind of pawn for the immigration authorities. Such a system would make it difficult for supporters of the subject to voluntarily try to become supervisors, and some have criticized the system for being very unreasonable.

By the way, as in the past, the system of provisional freedom (Karihomen仮放免) for the deportees will be maintained.

3. Most recent amendment to the Immigration Act

The latest amendment to the Immigration Act was enacted on June 14 of this year and is expected to enter into force in 2027.

This amendment includes the creation of a new integrated card between my number card and the residence card (zairyu card), the abolition of the technical training residence status (ginou jissyu技能実習) and the creation of a new residence status called employment training (Ikusei syurou育成就労), and a revision of the permanent residence permit system.

(1) New integration card between the my number card and the residence card

Currently, people who have two forms of identification (my number card and residence card) have to do the procedures for each one separately, which is uncomfortable. The objective is to solve this situation by integrating them. However, it is not mandatory and it will still be possible not to integrate them.

(2) The abolition of the residence status of technical training

The status of technical training residence will be abolished, since it has been a social problem for many years, with numerous complaints of human rights violations, including a series of disappearances of apprentices subjected to harsh working conditions.

(3) Establishment of a new employment training visa.

The purpose of the new "employment training" visa is to hire and develop human resources as part of Japan's workforce. The main objective is to develop human resources that can obtain the specific technical visa (Tokutei ginou特定技能).

(4) Extension of the grounds for revocation of permanent residence

Additional grounds have been added for the revocation of permanent residence. Arrears in the payment of taxes and social security contributions and non-compliance with the obligations arising from the Immigration Law have been added as grounds for revocation of permanent residence.

Of course, minor infractions or tax arrears will not result in the revocation of permanent residence. However, the article is ambiguous and, ultimately, immigration authorities have a wide margin of discretion to revoke permanent residence. This amendment has been much criticized, as it destabilizes the status of permanent residents.