Arrival information board at an airport

The "Special Cases of Denial of Landing" refers to a system designed to eliminate redundant procedures. Previously, when a foreign national who had been granted Special Permission for Landing attempted to re-enter Japan during the denial-of-landing period, a multi-step review process involving an immigration examiner, a special inquiry officer, and the Minister of Justice was required each time they entered Japan.

To streamline this process, even if a foreign national has already departed Japan — after a sufficient period has elapsed since being deported — if they have obtained a Certificate of Eligibility and a valid visa from a Japanese embassy or consulate overseas, and the Minister of Justice deems it appropriate, an immigration examiner may stamp the landing permit without going through the Special Permission for Landing procedure (Immigration Control Act, Article 5-2).

Special Permission for Landing and Special Cases of Denial of Landing (Based on explanations by the Ministry of Justice and the Immigration Services Agency of Japan)

When a foreign national seeks to land in Japan, they are examined to determine whether they meet the conditions for landing set out in Article 7, Paragraph 1 of the Immigration Control Act. If found not to meet the conditions, they are ordered to leave Japan.

  • Special Permission for Landing (Immigration Control Act, Article 12): This is a discretionary measure by which the Minister of Justice may specially permit landing to a person who does not meet the conditions for landing. Decisions are made after comprehensive consideration of the purpose of entry, the nature of the grounds for denial of landing, the time elapsed, the circumstances of family members residing in Japan, and other relevant factors.
  • Special Cases of Denial of Landing (Immigration Control Act, Article 5-2): Even for persons who fall under certain categories of grounds for denial of landing, when the Minister of Justice grants re-entry permission or in other cases defined by Ministerial Ordinance and deems it "appropriate," landing shall not be refused solely on those grounds. In cases where a Certificate of Eligibility has been issued and a valid visa has been obtained at a Japanese embassy or consulate overseas, if there are no other disqualifying factors at the port of entry, landing may be permitted without going through the Special Permission for Landing procedure.

Grounds for Denial of Landing and Denial Period

Grounds for denial of landing are the circumstances set out in Article 5 of the Immigration Control Act, under which foreign nationals deemed likely to harm public health, public order, or domestic security may be denied landing.

The denial-of-landing period is the period during which persons who were previously deported for overstaying or similar violations, or who departed under a departure order, may not re-enter Japan. The periods are as follows (source: Immigration Services Agency of Japan, "Cases Granted and Not Granted Special Permission for Landing," published December 2022).

  1. Persons deported (with no prior record of deportation or departure order): 5 years from the date of deportation
  2. Persons deported (with a prior record of deportation or departure under a departure order): 10 years from the date of deportation
  3. Persons who departed under a departure order: 1 year from the date of departure
  4. Persons sentenced to imprisonment of one year or more for violations of Japanese law or the laws of another country, etc.: Indefinite

Summary of Published Cases (Where Spouse Is a Japanese National or a Legally Residing Foreign National)

To improve the transparency and predictability of decisions on Special Permission for Landing, the Immigration Services Agency of Japan publicly releases cases in which special permission for landing was granted and cases in which it was not granted, categorized by type (drawn from cases where the applicant's spouse is a Japanese national or a foreign national legally residing in Japan).

In approved cases, factors such as the number of years elapsed since deportation, the length of the marriage, whether the couple has children, whether the marriage took place after deportation, and the presence or absence of any criminal convictions have been taken into account. Disapproved cases include situations involving facilitation of illegal employment, revocation of status of residence, multiple deportations, imprisonment of one year or more, or doubts as to the authenticity of the marriage. In each individual case, the purpose of entry, the nature of the grounds for denial of landing, the time elapsed, and the family situation are examined comprehensively.

For a detailed list of cases, please refer to the published materials from the Immigration Services Agency of Japan below.

Q&A (Based on the Ministry of Justice and the Immigration Services Agency of Japan)

How has the treatment of persons subject to grounds for denial of landing changed?
Previously, even foreign nationals who had been granted Special Permission for Landing were required to go through a three-step process — immigration examiner → special inquiry officer → Minister of Justice — each time they re-entered Japan, which was not always rational. Now, under the "Special Cases of Denial of Landing" provision of Article 5-2 of the Immigration Control Act, when the Minister of Justice deems it appropriate, persons who have received a Certificate of Eligibility or a visa (in some cases limited to those issued following consultation with the Minister of Justice) are able to receive a landing permit stamp from the immigration examiner without going through the Special Permission for Landing procedure again, significantly simplifying the process.
Who qualifies for the special cases provision? Will applicants be notified?
Those eligible for the special cases provision are persons who fall under the grounds for denial of landing set out in Article 5, Paragraph 1, Items 4, 5, 7, 9, or 9-2 of the Immigration Control Act, and who have received a re-entry permit on or after the date specified by Ministerial Ordinance, received a refugee travel certificate, or received a Certificate of Eligibility or a visa (limited to those issued following consultation with the Minister of Justice), and whom the Minister of Justice has recognized as having special reason. When deemed appropriate, a notice will be issued. If the notice has been issued, landing will not be refused solely on the grounds for denial of landing stated in the notice; however, landing may still be refused if the person falls under other grounds for denial of landing.

References & Sources