What Is the Provisional Release System?

Provisional release is a system that temporarily suspends the detention of a person who is being held pursuant to a Detention Order or Deportation Order, when it is deemed appropriate to temporarily release them from detention for health, humanitarian, or other equivalent reasons (Immigration Control and Refugee Recognition Act (Immigration Act), Article 54).

If a foreign national who has been staying illegally in Japan (for example, through overstaying) is detained and provisional release is granted, they can leave the detention facility and live in society under specified conditions. The detention period under a Detention Order is in principle 30 days (extendable if unavoidable circumstances exist), and detention under a Deportation Order continues until deportation becomes possible. However, this system is used when it becomes temporarily necessary to release the detainee — for example, due to health reasons or to prepare for departure.

Requirements for Provisional Release (Application Requirements)

Under the Immigration Act, a supervisory measures system has been established as a means of proceeding with deportation procedures without detaining the individual. Provisional release may be granted when health, humanitarian, or other equivalent reasons are recognized to a degree that justifies temporarily releasing the detainee without resorting to supervisory measures.

In other words, to obtain provisional release, it is necessary to substantiate reasons — such as medical treatment, pregnancy or childbirth, advanced age or disability, care of young children, or preparation for departure — to a degree that would justify "temporarily releasing the detainee even taking supervisory measures into account."

Applying for Provisional Release

Who Can Apply

Any of the following persons may submit an application:

• The detained person themselves
• A representative of the detained person
• A legal guardian of the detained person
• The spouse of the detained person
• Direct-line relatives of the detained person
• Siblings of the detained person

When applying for provisional release, it is necessary to designate a guarantor who will take responsibility for the detainee and ensure their compliance with laws and regulations during the provisional release period.

Where to Submit

• If held at an Immigration Detention Center: Submit to the director of that immigration detention center
• If held at a detention facility of a Regional Immigration Services Bureau: Submit to the chief examiner at the Regional Immigration Services Bureau where the person is being held

Please fill in all required information on the application form and submit it, along with the required supporting documents, to the counter of the relevant Regional Immigration Services Bureau. There is no application fee.

Office hours: Weekdays, 9:00 a.m.–12:00 p.m. and 1:00 p.m.–4:00 p.m. (Hours may vary depending on the procedure. Please contact the relevant detention facility directly for details.)

Required Documents

In addition to the above, you may be asked to submit additional documents depending on your individual circumstances. For details on required documents, please contact the Regional Immigration Services Bureau where the detainee is being held.

Conditions of Provisional Release

When provisional release is granted, the following conditions will be imposed:

• A provisional release period will be specified
• Restrictions on place of residence and area of movement
• Obligation to appear when summoned
• Other necessary conditions

Under Article 72 of the Immigration Act, a person who violates the conditions of provisional release by fleeing or failing to respond to a summons without justifiable reason is subject to imprisonment of up to one year, a fine of up to 200,000 yen, or both.

Obligation to Carry and Present the Provisional Release Permit

A foreign national who has been granted provisional release must carry the Provisional Release Permit at all times. They must also present it upon request by an immigration inspector, immigration control officer, police officer, coast guard officer, or other official designated by Ministry of Justice ordinance in the course of their duties (Immigration Act, Article 23).

Persons who violate the obligation to carry and present the permit may be subject to a fine of up to 100,000 yen (Immigration Act, Article 76).

Extension of Provisional Release

A person who has been provisionally released, or their representative, guardian, spouse, direct-line relatives, or siblings may request an extension of the provisional release period from the director of the immigration detention center or the chief examiner in accordance with Ministry of Justice ordinance. If you wish to extend the period, please submit a Provisional Release Period Extension Permit Application along with documents substantiating the reasons, necessity, and desired extension period to the counter of the Regional Immigration Services Bureau handling the provisionally released person's case. (Applications by mail are not accepted.)

Revocation of Provisional Release

Grounds for Revocation

If a foreign national who has been granted a Provisional Release Permit falls under any of the following circumstances, the director of the immigration detention center or the chief examiner may revoke the provisional release:

• Has fled
• There are substantial grounds for suspecting that they may flee
• They have failed to respond to a summons without justifiable reason
• They have otherwise violated the conditions of provisional release

Re-detention After Revocation

If provisional release is revoked, the person will be re-detained at an immigration detention center or at a detention facility of a Regional Immigration Services Bureau.

Applications After Provisional Release (Change of Designated Residence / Expansion of Movement Area)

If a person who has been granted provisional release needs to change their designated place of residence or travel outside their designated area of movement, they must first submit a "Designated Residence Change Permit Application" or a "Movement Area Expansion Permit Application" in advance. For details on application forms and required documents, please refer to the Immigration Services Agency's "Various Applications Related to Provisional Release".

Visitation and Delivery of Goods

Rules regarding visitation and delivery of goods vary by detention facility. In many cases, visitation is permitted on weekdays only (excluding Saturdays, Sundays, and public holidays), between 9:00–12:00 and 13:00–15:00, limited to once per day per detainee, with each visit lasting no more than 30 minutes. Certain items such as fire hazards and perishable foods may also be restricted for delivery. Please check with each detention facility before your visit.

Reference Links (Immigration Services Agency)

• About the Provisional Release System
• Various Applications Related to Provisional Release
• Deportation Procedures / Departure Order System / Reduction of Landing Prohibition Period Q&A