Deportation Proceedings and Grounds for Deportation
Deportation is an administrative measure defined under Japan's Immigration Control Act (the "Immigration Control and Refugee Recognition Act") that forcibly removes foreign nationals residing in Japan from the country.
What Are Deportation Proceedings?
One of the key responsibilities of the Immigration Services Agency of Japan is to forcibly remove from Japan those foreign nationals who fall under the grounds for deportation set out in Article 24 of the Immigration Control Act — such as those who entered Japan illegally or remained beyond the scope of their authorized stay — in order to protect the safety and interests of Japan.
When a person is suspected of violating the Immigration Control Act through enforcement activities, careful procedures are carried out through a violation investigation, violation review, and oral hearing, among others, to establish the facts of the case and take into account the personal circumstances of the foreign national. Foreign nationals ordered to be deported are to be promptly repatriated to their country of nationality or another appropriate destination.
Among those who have violated the Immigration Control Act, persons meeting certain requirements may leave Japan through a simplified procedure under a departure order. It is also possible for a foreign national subject to deportation grounds to voluntarily appear at a regional immigration office and declare their status; if they wish to return home promptly and the conditions for repatriation (passport, airline ticket, etc.) are met, they will be removed quickly.
During deportation proceedings, various mechanisms are available, including supervised measures (a system allowing the person to live in the community without being detained while proceedings continue), provisional release (a system temporarily suspending detention for health or humanitarian reasons), and the application for special permission to remain.
※The information on this page is based on the Immigration Services Agency of Japan's "Deportation Proceedings" and "Deportation Proceedings and Departure Order System", among other official sources.
Grounds for Deportation
- A person who entered Japan without a valid passport, or who entered Japan with the intention of landing without obtaining permission from an immigration inspector
- A person who landed in Japan without obtaining permission from an immigration inspector
- A person whose status of residence has been revoked
- A person whose status of residence has been revoked and who has remained in Japan beyond the period necessary to depart
- A person who forged documents or used or lent forged documents for the purpose of enabling another foreign national to unlawfully obtain landing permission, a change of status of residence, an extension of period of stay, or similar permissions
- The following persons among foreign nationals residing in Japan
- A person who is clearly found to be engaged in activities constituting business management or activities for remuneration in violation of the prohibition on activities outside the scope of their status of residence
- A person who has remained in Japan beyond their authorized period of stay without obtaining an extension or change of status of residence (overstaying)
- A person who has engaged in human trafficking or similar acts
- A person who has been convicted and sentenced under the Passport Act
- A person who has been convicted and sentenced under the Immigration Control Act
- A person who has been convicted and sentenced to imprisonment without work or a heavier punishment under the Alien Registration Act
- A juvenile who has been sentenced to imprisonment with or without work for a term exceeding three years
- A person who has been convicted of a drug-related offense
- A person who has been sentenced to an indefinite term or a term of imprisonment exceeding one year for any other offense
- A person engaged in work directly related to prostitution
- A person who has incited, induced, or assisted in the illegal landing or illegal entry of another foreign national
- A person who has attempted to overthrow by violence the Constitution of Japan or the government established thereunder, or who has formed or joined a political party or similar organization that attempts or advocates such action
- A person who has formed, joined, or has a close association with any of the following types of political parties or organizations:
- An organization that encourages the assault or killing of public officials on the grounds of their status as public officials
- An organization that encourages the illegal destruction or sabotage of public facilities
- An organization that encourages industrial action aimed at halting, suspending, or disrupting the normal maintenance or operation of safety facilities at factories or workplaces
- A person who has created, distributed, or displayed documents or graphics for the purpose of furthering the objectives of the above-mentioned political parties or organizations
- A person certified by the Minister of Justice as having committed an act detrimental to the interests or public security of Japan
- A person staying in Japan under a short-term stay status of residence who, in connection with the progress or results of an international sporting event or similar competition held in Japan, or with the intent to obstruct its smooth conduct, has unlawfully killed or injured persons, assaulted or threatened persons, or damaged buildings or other property at the venue
- A person who has violated the conditions attached to a provisional landing permit
- A person who has been issued a departure order on grounds of denial of landing and has not departed without delay
- A person who has been granted shore leave permission and has remained in Japan beyond the permitted period
- A person whose multiple crew member landing permission has been revoked and who has remained in Japan beyond the period necessary to depart
- A person who has renounced Japanese nationality or a foreign national born in Japan who has remained in Japan for more than 60 days after the date of renunciation or birth without acquiring a status of residence
- A person who has received a departure order but has remained in Japan beyond the departure deadline
- A person whose departure order has been revoked due to violation of the conditions attached at the time the departure order was issued
- A person whose refugee recognition has been revoked
Deportation Proceedings
Deportation proceedings follow this sequence: Violation Investigation → Detention → Review → Oral Hearing → Filing an Objection → Issuance of Deportation Order → Enforcement of Deportation Order. Each stage is outlined below.
Flow of Deportation Proceedings
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Issuance of Deportation Order
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Enforcement of Deportation Order
Violation Investigation
A violation investigation is conducted by an immigration control officer to determine whether grounds for deportation exist. The officer may question suspects and witnesses, and may conduct searches and seizures under a warrant issued by a judge of a district court or summary court.
Detention
If an immigration control officer has sufficient reason to suspect that the individual falls under the grounds for deportation and the individual is not eligible for a departure order, the officer requests the chief immigration inspector to issue a detention order. If the chief inspector approves and issues a detention order, the suspect may be shown the order and placed in a detention facility. The detention period is up to 30 days, but may be extended by an additional 30 days if unavoidable circumstances exist.
Even in cases falling under deportation grounds, if the individual expresses a willingness to return home, voluntarily appears at a regional immigration office, and is likely able to finance their own return, they may be questioned without physical detention — provided there is no suspicion of any offense other than the immigration violation.
Review
Within 48 hours of the suspect's detention, the immigration control officer transfers the suspect to an immigration inspector together with the written records and evidence. The immigration inspector carefully examines the records and evidence, hears the circumstances from the suspect, and conducts a review to determine whether the suspect falls under the grounds for deportation. If the review finds no grounds for deportation, the suspect is immediately released.
If the suspect is determined to be subject to a departure order, the case proceeds to the departure order procedure and the suspect is immediately released upon receipt of the order. If the suspect is determined to fall under the grounds for deportation, they are notified of that finding and informed of their right to request an oral hearing. If the suspect accepts the finding, the chief inspector will issue a deportation order.
Oral Hearing
If the suspect objects to the finding, they may request an oral hearing from the special inquiry officer within three days of the date of notification of the finding. The special inquiry officer carefully examines the relevant documents and hears the circumstances from the suspect to determine whether the immigration inspector's finding was correct. If the immigration inspector's finding is found to be in error and no grounds for deportation exist, the suspect is immediately released.
If the suspect is determined to be subject to a departure order, the case proceeds to the departure order procedure and the suspect is immediately released upon receipt of the order. If the special inquiry officer determines that the immigration inspector's finding was correct and the suspect falls under the grounds for deportation, the suspect is notified of that determination and informed of their right to file an objection. If the suspect accepts the determination, the chief inspector will issue a deportation order.
Filing an Objection
If the suspect objects to the special inquiry officer's determination, they may file an objection with the Minister of Justice within three days of the date of notification of the determination. The Minister of Justice or the Director of Regional Immigration Services, to whom the Minister's authority has been delegated, will review the relevant documents and examine in writing whether the objection has merit.
If the objection is found to have merit and it is ruled that there are no grounds for deportation, the suspect is released. If the individual is ruled to be subject to a departure order, the case proceeds to the departure order procedure and the suspect is released upon receipt of the order. If the objection is found to have no merit and it is ruled that special permission to remain will not be granted, the chief inspector will issue a deportation order. However, even if the objection has no merit, the Minister of Justice may grant special permission to remain and immediately release the person if they hold permanent residence, have previously held domicile in Japan as a Japanese national, are a victim of human trafficking, or if the Minister otherwise recognizes special circumstances warranting permission to remain.
Enforcement of the Deportation Order
The deportation order issued by the chief inspector is enforced by immigration control officers. A person who has been issued a deportation order may also leave Japan at their own expense, with permission from the director of an immigration detention center or the chief inspector. Those subject to deportation will be repatriated to their home country.
Persons who are able to pay for their own deportation costs, or who are able to receive financial support for this purpose, may be able to depart within approximately 10 to 14 days even if in detention. In other cases, repatriation is funded from the national budget, which may result in a prolonged period of detention.
Application Requirements (Main Procedures Related to Deportation)
Application for Special Permission to Remain
- Eligible applicants: Foreign nationals who fall under the grounds for deportation under Article 24 of the Immigration Control Act
- Application period: From the time of detention under a detention order (including while under provisional release), or from the time of placement under supervised measures, until the issuance of a deportation order
- The Minister of Justice may grant special permission to remain when any of the following applies (Article 50 of the Immigration Control Act):
When holding permanent residence / When having previously held domicile in Japan as a Japanese national / When remaining in Japan under the control of another person due to human trafficking or similar acts / When having been recognized as a refugee or as eligible for complementary protection / When the Minister otherwise recognizes special circumstances warranting permission to remain
Application for Provisional Release
- Eligible applicants: Foreign nationals detained under a detention order or deportation order
- Requirements for approval: There must be sufficient grounds to warrant a temporary suspension of detention for health, humanitarian, or similar reasons. A reason sufficient to justify temporary release without supervised measures is required.
- Who may apply: The detainee themselves, or their representative, legal guardian, spouse, direct-line relative, or sibling. A guarantor must be designated.
Application for Supervised Measures
- Eligible applicants: Foreign nationals detained under a detention order or deportation order (including those under provisional release)
- Requirements before issuance of deportation order: The chief inspector must find, after comprehensively weighing factors such as the risk of flight or destruction of evidence and the degree of disadvantage caused by detention, that it is appropriate to proceed without detaining the individual; and a supervisor must be able to be designated.
- Requirements after issuance of deportation order: The chief inspector must find, after comprehensively weighing factors such as the risk of flight or unauthorized employment and the degree of disadvantage caused by detention, that it is appropriate to proceed without detaining the individual until repatriation is possible; and a supervisor must be able to be designated.
- A supervisor is selected by the chief inspector from among relatives, acquaintances, former employers, support persons, lawyers, administrative scriveners, and others who understand and have agreed to their responsibilities.
Oral Hearing and Filing an Objection
- Oral Hearing: If an immigration inspector finds that the individual falls under the grounds for deportation and the suspect disputes the finding, they may request an oral hearing from a special inquiry officer within 3 days of the date of notification of the finding.
- Filing an Objection: If the suspect objects to the special inquiry officer's determination, they may submit a written statement of their grounds for grievance to the chief inspector within 3 days of the date of notification of the determination, and file an objection with the Minister of Justice.
Required Documents (Applications Related to Deportation Proceedings)
Application for Special Permission to Remain
| Document Name | Notes |
|---|
| Application Form for Special Permission to Remain | 1 copy (1 per person). No application fee. |
| Copy of Residence Card | When holding permanent residence |
| Certified copy of family register removal / certificate of deregistration | When having previously held domicile in Japan as a Japanese national |
| Written Statement (any format) | When remaining in Japan under the control of another person due to human trafficking or similar acts |
| Copy of Refugee Recognition Certificate or Certificate of Recognition as Eligible for Complementary Protection | When recognized as a refugee or as eligible for complementary protection |
| Documents proving the relevant circumstances | When the Minister of Justice otherwise recognizes special circumstances warranting permission to remain |
※Documents in foreign languages may require a Japanese translation. For details, please refer to the Immigration Services Agency "Special Permission to Remain Application" page.
Application for Provisional Release
| Document Name | Notes |
|---|
| Application Form for Provisional Release | 1 copy |
| Guarantor's Certificate | Prepared by the guarantor |
| Pledge | 2 copies: one from the detained foreign national and one from the guarantor |
| Documents proving the reason for applying for provisional release | Documents evidencing health, humanitarian, or similar grounds |
| Documents regarding the guarantor | Proof of identity, income, contact information, etc. |
※If you wish to request an extension of the provisional release period, a change of designated residence, or an expansion of the permitted area, separate application forms and supporting documents are required for each. No application fee. For details, please refer to the Immigration Services Agency "Applications Related to Provisional Release" page.
Application for Supervised Measures
| Document Name | Notes |
|---|
| Application Form for Supervised Measures | Fill in all required fields |
| Supervisor's Consent and Pledge | Prepared by the person wishing to become the supervisor |
| Documents proving the supervisor's identity | Driver's license, residence card, etc. |
| Documents evidencing income and assets | Copy of bank passbook, municipal tax assessment and payment certificate, etc. (for the applicant) |
| Documents clarifying the place of residence | Copy of lease agreement, etc. |
| Documents evidencing the reason for the supervised measures application | Additional documents as directed by the relevant immigration authority |
※Payment of a security deposit may be required as a condition. No application fee. For details, please refer to the Immigration Services Agency "Applications Related to Supervised Measures" page.
All applications must be submitted to the Regional Immigration Services Office responsible for the foreign national's detention (or handling their provisional release/supervised measures). Office hours vary by location; please contact your nearest Regional Immigration Services Office for details.
