The deportation, in the administrative punishment, which is defined by the Immigration Control Act, says the forced it to dismiss from Japan foreigners staying in Japan.
- A person who has entered into Japan without possession of a valid passport, or immigration with a purpose to land in Japan without obtaining the permission of the landing from the examiner who went to Japan
- A person who has landed in Japan without obtaining the permission of the landing from the immigration officer
- A person who has been revoked the status of residence
A person who has been revoked the status of residence, after the lapse of the period necessary to leave those who remain in Japan
- Illegally landing permission to other foreigners, change of status of residence permit, for the purpose of subjecting the update permission for period of stay, or forge documents, etc., exercise the counterfeit documents, etc., who have a loan, etc.
- The following persons in a foreign country nationals residing in Japan
- Who clearly seen when doing the activity or activities for which the alien receives reward to the management of business in violation of the prohibition of qualification outside activities
- It is not subject to update or change of the period of stay, after the lapse of the period of stay those who stay in Japan (overstaying)
- Who was human trafficking, etc
- A person who has been sentenced to imprisonment in the crime of the passport law violation
- A person who has been sentenced to imprisonment in the crime of the Immigration Control Act violations
- A person who has been sentenced to imprisonment without work or a greater punishment in the crime of the Alien Registration Act violation
- A person who has been sentenced to imprisonment with or without work boy in more than a long-term three years
- Who was convicted in a drug crime
- A person who has been sentenced to imprisonment or imprisonment exceeding its other indefinite or 1 year
- Persons engaged in direct relationship there is business to prostitution
- It helped those who are seduced or fueled the illegal landing and illegal immigration of other foreigners
- Attempted to be destroyed by the violence of the Constitution of Japan or the government, which was established under the, or this attempt or claim to formed a political party, etc. or this to those who are subscribed
- Or join formed a political party, etc. or in this listed below, or closely related person
- The reason that they are civil servants, political party which encourages assault added or be killed in the civil service, etc.
- Public facilities damaged illegally, or political party, etc. which encourages you to collapse
- Factory down the normal maintenance or operation of the facilities of the safety retention in the business delisted, or prevent such industrial action and political parties to encourage
- A person who has created and distributed and exhibition the documents and drawings in order to achieve the purpose of such as the above-mentioned parties
- Person who certified the Minister of Justice have committed an act detrimental to the interests or public security of Japan
- A person who stay with the status of residence of the short stay, in relation to the course and the results of such international competition that takes place in Japan, or with the purpose of interfering with its smooth implementation, to kill people illegally in the venue, etc., people assault was added to the threatened person, or a person who has damaged a building or any other person
- Conditions violators of permission for provisional landing
- A person who has been granted the relevant deportation order to denial of landing grounds, those who do not leave without delay
- A person who has been granted the permission for shore landing, those remaining after the lapse of permission period's in Japan
- A person who has been revoked multiple landing permission for crew, after the lapse of the period necessary to leave those who remain in Japan
- Who foreigners such as nationality was born person or in Japan withdrawal of Japan, to remain in Japan after the lapse of 60 days from the date of withdrawal, the birth of nationality without acquiring the status of residence
- Who even after the lapse of the deadline to leave the country in a person who has received a departure order to stay in Japan
- A person who has been revoked a departure order because it was in violation of the conditions attached to the time of departure order
- A person who has been revoked the recognition of refugee status
Procedure of deportation is carried out in the flow of the violation investigation → accommodate → examination → hearing → objection of offers → of Hatsuzuke → deportation order of deportation order enforcement. Outlined below.
Flow of deportation proceedings
Hatsuzuke of deportation order
Enforcement of the deportation order
Violation investigation, by questioning the suspects and witnesses Ri is an investigation by an immigration the presence or absence of deportation is carried out, by the judge of the warrant of the district court or summary court, it can be a search and seizure.
An immigration officer, there is reason to suspect that corresponds to the deportation to the suspect, if the foreigner does not correspond to the departure order subject, and then claim the Hatsuzuke of the detention order to the chief examiner. If the chief examiner was subjected issued a detention order admitted this, you can be detained a suspect in the detention house, etc. shows the detention order to the suspect. Period of the accommodation is within 30 days, but can be extended as long as 30 days when there is a compelling reason.
Even if applicable to the deportation, there is intention of returning home, their own by appearing to the regional immigration bureau, etc., for the person who is expected to be returned in a self-funding, of the crime other than the Immigration Control Act violations if there is doubt, custody of restraint may also be the interrogation of at home without.
Immigration control officer, delivered the suspect to the immigration officer with the suspect of working papers and evidence within 48 hours after the house. Immigration officer who received the delivery is to scrutinize the received working papers and evidence, such as by listening to the circumstances from the suspect, do the examination about whether the suspect falls under deportation. A result of the examination, if it is certified that there is no deportation is, is immediately suspect is acquitted.
In the case that has been certified to be a departure order subject, the process proceeds to the departure order procedures, the suspect will be immediately acquitted Once given a departure order. If the suspect has been identified as corresponding to the deportation subjects, it will be announced the right to that effect and the oral proceedings. If the suspect is subject to certification, deportation order will be attached issued by the chief examiner.
If there is objection to the suspect is certified, for the special inquiry officer within three days from the date of certification notification, you can request a hearing. The special inquiry officer, a finding of listening to the situation from the suspects to scrutinize the dossier,, immigration officer do oral proceedings there is no error. There is an error in the certification of the immigration officer, if it is determined that there is no deportation, immediately suspects are acquitted.
If it is determined that the departure order subjects, the process proceeds to departure order procedure, suspects are immediately release After receiving the departure order. If the suspect has been determined that there is no error in the certification of the corresponding to the deportation subject, it will be announced the rights of proposal to that effect and the objection. If the suspect is subject to judgment, deportation order will be attached issued by the chief examiner.
The objection filed
When you suspect there is objection to the decision, to the Minister of Justice within three days from the date of the decision notice to, you can make an offer of objection. Director of a regional immigration bureau who has received a delegation of the Minister of Justice or its authority, may review the relevant documents, and written proceedings whether or not there is a reason for the objection filed.
There is a reason why the proposal of the objection, if it is ruled that there is no grounds for deportation, the suspect is acquitted. If it is ruled to be a departure order subject, the process proceeds to the departure order procedures, suspects are acquitted Once given a departure order. Offer there is no reason to objections, if it is ruled not to the special residence permission, deportation order will be attached issued by the chief examiner. Minister of Justice, etc., even if there is no reason for the objection filed, when you are receiving a permanent residence permit, once Japan and when there is a thing which has a permanent address in as the Japanese people, is a victim of human trafficking, etc. when such as, when the Minister of Justice, etc. admit that there are circumstances that warrant the granting of special permission for residence, and then immediately release the person with special permission of the residence of that person.
Enforcement of the deportation order
Deportation order that was attached issued by the chief examiner immigration control officer is to enforce. A person who has received the Hatsuzuke of written deportation order, by the permission of the director of the immigration detention center or a supervising examiner, it is also possible to leave Japan at their own expense. Who will be repatriated to the home country to receive the deportation.
You can pay for the deportation costs on their own. In addition, a person capable of undergoing pledged is, custody is you can leave in about 10 to 14 also have been a constraint. If this is not the case, because they are repatriated in the national budget, housing state might also be prolonged.