Grounds for Denial of Landing

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What Is Denial of Landing? (Overview)

Denial of landing refers to the refusal of entry (landing) to Japan for foreign nationals who are deemed unsuitable to be permitted to land, and is also referred to as refusal of entry.

It is an established principle of international law that states have the authority to refuse the entry and landing of foreign nationals deemed likely to harm public health, public order, or domestic security. All countries have similar systems in place, and in Japan, the grounds for denial of landing are set forth in Article 5 of the Immigration Control Act (Act on Control of Entry into Japan and Recognition of Refugees).

Foreign nationals who fall under the grounds for denial of landing will not be permitted to land at immigration inspection at airports or seaports and will be unable to enter Japan. Those who have departed Japan due to deportation or a departure order are subject to a fixed period (the denial of landing period) during which they are, as a rule, prohibited from landing in Japan.

Reference: Entry and Return Procedures <Grounds for Denial of Landing (Article 5 of the Immigration Control Act)> (Immigration Services Agency of Japan)

Five Categories of Grounds for Denial of Landing

Under Article 5 of the Immigration Control Act, the following five categories of foreign nationals are denied landing (from the Immigration Services Agency of Japan).

Those who are deemed unsuitable to be permitted to land from the perspective of public health and sanitation
Those who are deemed unsuitable to be permitted to land due to being recognized as having strong anti-social tendencies
Those who are deemed unsuitable to be permitted to land due to having been deported from Japan, etc.
Those who are deemed unsuitable to be permitted to land because there is a risk of harm to the interests or public security of Japan
Those who are denied landing based on the principle of reciprocity

Denial of Landing Period

Those who have been deported due to illegal overstaying or who have departed under a departure order are, as a rule, prohibited from landing in Japan for the following periods (from Q&A on Deportation Procedures, Departure Order System, and Shortening of Denial of Landing Period).

Those who departed under a departure order: 1 year from the date of departure
Those who were deported (with no prior history of deportation or departure under a departure order): 5 years from the date of deportation
Repeat offenders (those who have previously been deported or departed under a departure order): 10 years from the date of deportation
Those sentenced to imprisonment of 1 year or more, and those sentenced for violations of laws related to narcotics, cannabis, opium, stimulants, etc.: No defined denial of landing period (permanently prohibited from landing)

Even after the denial of landing period has passed, a Certificate of Eligibility must be obtained to re-enter Japan. If there is a history of illegal immigration, obtaining the certificate may be extremely difficult.

Detailed Grounds for Denial of Landing (Article 5 of the Immigration Control Act)

The following circumstances constitute grounds for denial of landing.

Persons who are patients of Class I infectious diseases, Class II infectious diseases, or designated infectious diseases as defined in the Act on Prevention of Infectious Diseases and Medical Care for Patients with Infectious Diseases, or who are suspected of having a new infectious disease.
Persons who are in a constant state of lacking the capacity to reason due to mental disability, or those with insufficient capacity, who are not accompanied by a person designated by Ministry of Justice Ordinance to assist their activities or conduct in Japan.
Persons who are indigent, vagrant, or otherwise likely to become a financial burden on the national or local governments.
Persons who have been sentenced to imprisonment with or without work for one year or more, or an equivalent sentence, in violation of the laws of Japan or any other country.
Persons who have been sentenced to imprisonment for violations of the laws of Japan or any other country relating to the control of narcotics, cannabis, opium, stimulants, or psychotropic drugs.
Persons who have been sentenced to a penalty for violating the laws of Japan or any other country, or who have been forcibly expelled from Japan under the Immigration Control and Refugee Recognition Act, or expelled from another country under that country's laws, for having killed, assaulted, threatened, or destroyed buildings or property with the purpose of obstructing the smooth holding of international-scale competitions or conferences, and who are likely to commit similar acts in the venue area of an international competition held in Japan or its vicinity, in relation to the course or outcome of such competition.
Persons who illegally possess narcotics or psychotropic drugs as defined in the Narcotics and Psychotropics Control Act, cannabis as defined in the Cannabis Control Act, poppy or opium as defined in the Opium Act, stimulants or stimulant raw materials as defined in the Stimulants Control Act, or instruments for smoking opium.
Persons who have engaged in prostitution, solicitation of prostitution, provision of premises for prostitution, or other activities directly related to prostitution.
Persons who have engaged in or assisted in human trafficking.
Persons who illegally possess firearms or swords as defined in the Act for Controlling the Possession of Firearms or Swords and Other Such Weapons, or explosives as defined in the Explosives Control Act.
Those who have previously been denied landing, deported, or issued a departure order:
1. Persons who were denied landing on the grounds of illegally possessing narcotics or psychotropic drugs, cannabis, poppy, opium, stimulants or stimulant raw materials, instruments for smoking opium, firearms, swords, or explosives (1 year from the date of denial of landing).
2. Persons who have been deported (5 years from the date of deportation, if they have no prior history of deportation or departure under a departure order).
3. Persons who have been deported (10 years from the date of deportation, if they have a prior history of deportation or departure under a departure order).
4. Persons who have departed under a departure order (1 year from the date of departure).
Persons who, while residing in Japan under a status of residence (lawfully residing foreign nationals other than permanent residents or long-term residents), have had a judgment of imprisonment with or without work pronounced against them for certain types of crimes, and whose judgment was finalized after they subsequently departed Japan, provided that less than 5 years have elapsed since the date of finalization.
Persons who are attempting or advocating the violent overthrow of the Constitution of Japan or the government established thereunder, or who have formed or joined a political party or other organization that attempts or advocates such.
Persons who have formed, joined, or are in close relationship with any of the following political parties or organizations:
1. Political parties or organizations that encourage assaulting or killing public officials on the grounds of their being public officials.
2. Political parties or organizations that encourage the illegal damage or destruction of public facilities.
3. Political parties or organizations that encourage acts of dispute that stop, abolish, or obstruct the normal maintenance or operation of safety facilities in factories or workplaces.
Persons who attempt to create or display printed materials, films, or other documents and drawings in order to achieve the objectives of the political parties or organizations described above.
Persons who have been forcibly expelled from Japan for falling under any of items 13 to 15.
Persons for whom there are reasonable grounds for the Minister of Justice to recognize a risk of conducting acts harmful to the interests or public security of Japan.
Athletes, entertainers, or others who come to Japan for competitions or performances on a tourist visa will also be denied landing if the purpose of their entry differs from the visa they hold.

Procedures and Requirements Related to Denial of Landing

"Denial of landing" itself is a ground determined during immigration inspection; there is no procedure to "apply" for it. However, the following related procedures are available for those who fall under the grounds for denial of landing or are within the denial of landing period and wish to enter Japan.

1. Special Permission for Landing (at Immigration Inspection)

This is a system under which a person who falls under the grounds for denial of landing may, at the discretion of an immigration inspector, be exceptionally permitted to land if special circumstances warranting entry are recognized. It is applied for and examined at the immigration inspection. For more details, please see the Special Permission for Landing page.

2. Decision to Shorten the Denial of Landing Period

Among those who have been issued a deportation order, those who meet all of the following conditions may be eligible for a decision to shorten the denial of landing period.

Having received permission for voluntary departure at their own expense
Having no prior history of deportation from Japan
Having no prior history of departure under a departure order

Even if an application is submitted, a favorable decision is not guaranteed; the determination will be made based on a comprehensive consideration of the applicant's conduct and the facts that led to deportation, etc. After receiving a shortening decision and departing voluntarily at their own expense, a Certificate of Eligibility is required to re-enter Japan. (If landing for a short-term stay, the denial of landing period remains 5 years.)

Reference: Q&A on Deportation Procedures, Departure Order System, and Shortening of Denial of Landing Period (Immigration Services Agency of Japan)

3. Application for Certificate of Eligibility (Re-entry after the Denial of Landing Period)

When re-entering Japan after the denial of landing period has elapsed, it is necessary to obtain a Certificate of Eligibility and then obtain a visa before entering Japan. The issuance is examined based on the status of residence and activities being applied for, and approval may be difficult due to past violations, etc.

Reference: Application for Certificate of Eligibility (Immigration Services Agency of Japan)

Required Documents (Related Procedures)

There is no "application" for denial of landing itself; however, the following are the main documents required for each related procedure. At the time of actual application, please check the latest guidance from the competent regional immigration services bureau or the relevant status of residence being applied for.

To Apply for a Decision to Shorten the Denial of Landing Period

Application form for shortening of the denial of landing period (prescribed form of the immigration authorities)
Passport
Copy of the deportation order (if held)
Documents related to permission for voluntary departure at own expense
Any other documents as instructed by the immigration authorities

※ Applications should be submitted to the regional immigration services bureau handling the deportation procedure. Please contact the nearest immigration office for details.

For an Application for Certificate of Eligibility (at Re-entry)

The required documents vary depending on the status of residence being applied for. The following are examples of documents commonly required.

Application for Certificate of Eligibility (prescribed form of the immigration authorities)
Photo (4cm height × 3cm width)
Copy of the applicant's (foreign national's) passport
Documents proving the applicant's family relationship (in the case of dependent family stay, spouse visa, etc.)
Supporting documents appropriate to the status of residence (employment contract, enrollment certificate, certificate of acceptance of marriage registration, etc.)

※ For details by status of residence, please refer to the "Application Forms, Required Documents, and Number of Copies" section of the Application for Certificate of Eligibility (Immigration Services Agency of Japan) and select the applicable status of residence page.

For Seeking Special Permission for Landing (at Immigration Inspection)

At the immigration inspection, you will need to explain the circumstances falling under the grounds for denial of landing and the special circumstances that warrant granting landing despite those grounds (purpose of visit, planned length of stay, situation in your home country, etc.). The following are examples of documents that can be prepared in advance.

Passport
Documents proving the purpose of visit (invitation letter, conference materials, medical appointment, etc.)
Itinerary and airline ticket
Documents explaining the urgency or necessity in your home country
Materials relating to the guarantor or sponsor (copy of residence card, letter of reason for invitation, etc.)

※ Since special permission for landing is subject to individual review, required documents vary depending on the case. Please follow the instructions of the immigration inspector.