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CHAPTER 3 PROCEDURES FOR LANDING
SECTION 1 EXAMINATION FOR LANDING
(Application for Landing)
Article 6. Any alien (excluding a crewman; hereinafter the same
in this Section) who seeks to land in Japan shall have a valid
passport visaed by a Japanese Consular Officer, etc. However,
a visa is not required for the passport of an alien for whom
the visa issued by the Japanese Consular Officer, etc. is deemed
unnecessary by an international agreement or notice to that effect
of the Japanese Government to a foreign government, for the passport
of an alien for whom a re-entry permission provided for in Article
26 is granted, or for the Refugee Travel Document which is issued
pursuant to the provisions of Article 61-2-6.
2. An alien mentioned in the main part of the preceding paragraph
shall apply for landing to an Immigration Inspector at the port
of entry or departure where he seeks to land and undergo an examination
for landing in accordance with the procedures provided for by
the Ministry of Justice Ordinance.
(Immigration Inspector 's Examination)
Article 7. When the application referred to in Paragraph 2 of
the preceding Article is made, an Immigration Inspector shall
conduct an examination of the said alien as to whether or not
he meets each of the following conditions for landing in Japan.
(In respect to the alien having received re-entry permission
under the provisions of Article 26, Paragraph 1 or the Refugee
Travel Document under the provisions of Article 61-2-6, Paragraph
1, only the conditions mentioned in the following Items (1) and
(4) are to be applied.)
(1) The passport possessed by the alien and the visa affixed
thereto, if such is required, must be valid;
(2) Activities to be engaged in Japan stated in the application
must not be false, and must fall within one of the activities
described in the right-hand column of Annexed Table 1, (in respect
of the activities described in the right-hand column of Annexed
Table 1 (5), the proposed activities must be activities designated
by the Minister of Justice in the Official Gazette), or the activities
of a person with the civil status or position described in the
right-hand column of Annexed Table 2 (the civil status or position
in the right-hand column under Permanent Resident shall be excluded;
in respect of the position specified under Long Term Resident,
the proposed position must be one of the positions designated
by the Minister of Justice in the Official Gazette), and shall
fulfill in respect of those who intend to engage in the activities
described in the right-hand column of Annexed Table 1 (2) and
(4) the requirement provided for by the Ministry of Justice Ordinance
which shall be stipulated in consideration of factors including
but not limited to the effect on Japanese industry and the general
welfare.
(3) The period of residence applied for must be in accordance
with the provisions of the Ministry of Justice Ordinance stipulated
under Article 2-2, Paragraph 3;
(4) The alien must not fall within any one of the items of Article
5, Paragraph 1.
2. The alien subjected to the examination provided for in the
preceding paragraph shall establish the fact that he meets the
landing requirements stipulated therein.
3. The Minister of Justice shall consult with the heads of the
relevant administrative organizations in prescribing the Ordinance
referred to in Paragraph 1, Item 2.
(Certificate of Eligibility)
Article 7-2. Upon advance application by an alien intending to
land in Japan (excluding those who intend to engage in the activities
described in the right-hand column corresponding to Temporary
Visitor specified in Annexed Table I (3), the Minister of Justice,
in accordance with the provisions of the Ministry of Justice
Ordinance, may issue a certificate of eligibility stating that
the alien concerned fulfills the conditions set forth in Article
7, Paragraph 1, Item 2.
2. The application for issuance of a certificate of eligibility
referred to in the preceding paragraph may be made by a member
of the staff of the organization wishing to accept the alien
concerned, or by some other proxy, as provided for in the Ministry
of Justice Ordinance.
(Boarding of Vessel, etc.)
Article 8. An Immigration Inspector may, when conducting the
examination provided for in Article 7, Paragraph 1, board the
vessel, etc.
(Endorsement Stamp for Landing Permission)
Article 9. An Immigration Inspector shall, if he, as a result
of the examination, deems that the alien has met the conditions
for landing provided for in Article 7, Paragraph 1, endorse by
stamping the permission for landing in the passport of the alien.
2. In the case of the preceding paragraph, the conclusion of
whether or not the alien comes under Article 5, Paragraph 1,
Item (1) or Item (2) shall be made subject to medical examination
by a physician designated by the Minister of Welfare or the Minister
of Justice.
3. In the event of endorsement by stamping as provided for in
Paragraph l, the Immigration Inspector shall determine the status
of residence and period of stay of the alien concerned and enter
it clearly in his passport. However, this shall not apply in
the case where the alien lands with re-entry permission provided
for in Article 26, Paragraph l, or if the alien has in his possession
a Refugee Travel Document as provided for in Article 61-2-6,
Paragraph 1.
4. Except in cases where a stamp of endorsement is affixed for
the permission for landing under Paragraph 1, the Immigration
Inspector shall deliver the alien to a Special Inquiry Officer
for a hearing as provided for in the following article.
5. Except in cases where the special provisions of Section 4
apply, an alien shall not land unless he has his passport endorsed
by stamping with permission for landing as provided for in Paragraph
1 of this article, Article 10, Paragraph 6, or Article 11, Paragraph
4.
SECTION 2 HEARING AND FILING OF OBJECTION
(Hearing)
Article 10. A Special Inquiry Officer shall promptly conduct
a hearing of an alien when the alien has been delivered to him
pursuant to Paragraph 4 of the preceding article.
2. The Special Inquiry Officer shall, when he has conducted a
hearing, prepare the record thereof.
3. The alien or his representative appearing upon his request
may, in the course of the hearing, produce evidence and cross-examine
the witnesses.
4. The alien may have the attendance of one of his relatives
or acquaintances with the permission of the Special Inquiry Officer.
5. The Special Inquiry Officer may, ex officio or upon request
of the alien, order the presence of witnesses, administer oaths
and hear testimony in accordance with the procedures provided
for by the Ministry of Justice Ordinance.
6. If the Special Inquiry Officer has found, as a result of the
hearing, that the alien is in conformity with the conditions
for landing provided for in Article 7, Paragraph 1, he shall
forthwith stamp the endorsement of the permission for landing
in the passport of the alien.
7. The provisions of Paragraph 3 of the preceding article shall
apply to the endorsement of the permission for landing mentioned
in the preceding paragraph.
8. If the Special Inquiry Officer has found, as a result of the
hearing, that the alien is not in conformity with the conditions
for landing provided for in Article 7, Paragraph l, he shall
forthwith notify the alien of the finding and the reason therefore,
and inform him that he may file an objection pursuant to the
provisions of the following article.
9. If the alien concerned, upon receipt of the notice mentioned
in the preceding paragraph, has admitted to the finding mentioned
in the preceding paragraph, the Special Inquiry Officer shall
order him to leave Japan after he has signed a statement that
he will not file an objection and shall likewise inform the captain
of the vessel, etc. or the carrier who operates the vessel, etc.,
by which the alien concerned has arrived.
(Filing of Objection)
Article 11. If an alien who has received a notice mentioned in
Paragraph 8 of the preceding article has an objection to the
finding, he may, within three days from receipt of the notice,
file an objection with the Minister of Justice by submitting
a document with a statement of his complaint to a Supervising
Immigration Inspector in accordance with the procedures provided
for by the Ministry of Justice Ordinance.
2. Should such an objection mentioned in the preceding paragraph,
a Supervising Immigration Inspector shall present to the Minister
of Justice the record of the hearing mentioned in Paragraph 2
of the preceding article and other pertinent documents.
3. When the Minister of Justice has received an objection mentioned
in Paragraph 1, he shall make a decision on whether or not the
objection is well-grounded and notify the Supervising Immigration
Inspector of such decision.
4. The Supervising Immigration Inspector shall, if he has received
from the Minister of Justice a notice of the decision to the
effect that the objection is well-grounded, immediately stamp
the endorsement of permission for landing in the passport of
the alien concerned.
5. The provisions of Article 9. Paragraph 3 shall apply to the
endorsement of the permission for landing mentioned in the preceding
paragraph.
6. The Supervising Immigration Inspector shall, if he has received
from the Minister of Justice a notice of decision that the objection
is not well-grounded, inform the alien of the decision promptly
and order him to leave Japan, and at the same time inform likewise
the captain of the vessel, etc. or the carrier who operates the
vessel, etc., by which the alien concerned has arrived.
(Special Cases of Decision of the Minister
of Justice)
Article 12. In making a decision as provided for in Paragraph
3 of the preceding article, the Minister of Justice may, even
if he finds that the objection filed is not well-grounded, give
special permission for landing to such an alien if the alien
concerned has received the re-entry permission or if the Minister
of Justice finds that there exist circumstances that warrant
the granting of special permission for landing.
2. The permission given under the preceding paragraph shall be
regarded, with respect to the application of Paragraph 4 of the
preceding article, as a decision based on the fact that the objection
filed is well-grounded.
SECTION 3 PROVISIONAL LANDING AND OTHERS
(Permission for Provisional Landing)
Article 13. A Supervising Immigration Inspector may, if he finds
it specifically necessary during the process of the procedures
for landing as provided for in this chapter, give permission
for provisional landing to an alien until the completion of procedures.
2. If the Supervising Immigration Inspector grants permission
as provided for in the preceding paragraph, he shall issue a
provisional landing permit to the alien concerned.
3. If the permission as provided for in Paragraph 1 is given,
the Supervising Immigration Inspector may subject the alien concerned
to restrictions on place of stay and area of movement, obligation
to appear at a summons, or other necessary conditions as provided
for by the Ministry of Justice Ordinance, and have him deposit
a bail bond in Japanese currency not exceeding two million yen
or equivalent amount in a foreign currency in accordance with
the provisions of the Ministry of Justice Ordinance.
4. The bail bond provided for in the preceding paragraph shall
be returned to the alien concerned when the alien has received
the stamp of endorsement for permission for landing provided
for in Article 10, Paragraph 6 or Article 11, Paragraph 4, or
when the alien is ordered to leave Japan in accordance with the
provisions of Article 10, Paragraph 9 or Article 11, Paragraph
6.
5. If an alien who has been given permission as provided for
in Paragraph 1 has violated the conditions attached pursuant
to the provision of Paragraph 3 and if the alien has escaped
or failed to appear at a summons without justifiable reason,
the Supervising Immigration Inspector shall confiscate in whole
or in other cases in part the bail bond stipulated in the same
Paragraph in accordance with the provisions of the Ministry of
Justice Ordinance.
6. If the Supervising Immigration Inspector has reasonable grounds
to suspect that an alien who has been given the permission as
provided for in Paragraph 1 is likely to escape, he may issue
a written detention order and have the alien detained by the
Immigration Control Officer.
7. The provisions of Articles 40 and 41 and Article 42, Paragraph
1 shall apply mutatis mutandis to the detention as provided for
in the preceding paragraph. In such a case in Article 40 "the
written detention order
provided for in Paragraph 1 of the preceding article" shall
read "the written detention order provided for in Article
13, Paragraph 6"; "the suspect" shall read "the
alien given permission for provisional landing"; and "essential
facts of the suspected offense" shall read "grounds
for detention" respectively; and in Article 41, Paragraph
1 "shall be within thirty days. However, if the Supervising
Immigration Inspector finds that there are unavoidable circumstances,
he may extend such period only for another thirty days"
shall read "for a period of time preceding the completion
of procedures for landing provided for in Chapter 3 which the
Supervising Immigration Inspector deems necessary" ; and
in Paragraph 3 of the same article and Article 42, Paragraph
1 "a suspect" shall read ' an alien granted permission
for provisional landing"
(Place to stay for an Alien Ordered
Exclusion)
Article 13-2. In the event that the immediate effectuation of
exclusion ordered In accordance with the provisions of Article
10, Paragraph 9 or Article 11, Paragraph 6, is prevented due
to the operation schedule of the vessel, etc. or other reasons
not attributable to the alien concerned, a Special Inquiry Officer
or a Supervising Immigration Inspector may permit the alien to
stay in a designated facility in the vicinity of the port for
a designated period, following the provisions of the Ministry
of Justice Ordinance.
2. A Special Inquiry Officer or a Supervising Immigration Inspector
shall, when he has designated the facility and the period mentioned
in the preceding paragraph, inform the captain of the vessel,
etc. or the carrier who operates the vessel, etc. by which the
alien concerned has arrived of such designation.
SECTION 4 SPECIAL CASES OF LANDING
(Permission for Landing at Port of Call)
Article 14. An Immigration Inspector may give an alien (excluding
a crewman) aboard a vessel, etc. permission for landing at the
port of call if he is to proceed via Japan to an area outside
of Japan, and desires to land and stay for not more than seventy-two
hours at an area in the vicinity of the port of entry or departure
upon application of the captain of the vessel, etc. or the carrier
who operates the vessel, etc. However, this shall not apply to
an alien coming under any one of the items of Article 5, Paragraph
1.
2. In giving the permission provided for in the preceding paragraph,
an Immigration Inspector shall endorse by stamping the permission
for landing at the port of call in the passport of the alien
concerned.
3. In giving the permission provided for in Paragraph l, an Immigration
Inspector may impose upon the alien concerned such restrictions
as period of landing, area of movement and others which he may
deem necessary in accordance with the Ministry of Justice Ordinance.
(Permission for Landing in Transit)
Article 15. An Immigration Inspector may give an alien (except
a crewman) aboard a vessel, etc. a permission for landing in
transit upon application of the captain of the vessel or the
carrier who operates the vessel when such an alien desires to
land temporarily for sightseeing while the vessel is in Japan
and to return to the said vessel at another port of entry or
departure at which the said vessel is scheduled to call.
2. An Immigration Inspector may, upon application of a captain
of a vessel or a carrier who operates a vessel, give an alien
(except a crewman) aboard the vessel, etc. a permission for landing
in transit when such an alien desires to proceed to an area outside
of Japan via Japan and to make a transit in order to leave Japan
within three days of his entry into Japan from another port of
entry or departure in the vicinity of the port at which the said
alien entered Japan on board a vessel, etc. other than the one
on which the said alien arrived in Japan.
3. In giving the permission provided for in the preceding two
paragraphs, an Immigration Inspector shall endorse by stamping
the permission for landing in transit in the passport of the
alien concerned.
4. In giving the permission provided for in Paragraph 1 or 2,
an Immigration Inspector may impose upon the alien concerned
such restrictions as period of landing, route to be followed
in transit and others which he may deem necessary in accordance
with the Ministry of Justice Ordinance.
5. The provision of the proviso to Paragraph 1 of the preceding
article shall apply mutatis mutandis in the case of Paragraphs
1 and 2 of this article.
(Landing Permission for Crewman)
Article 16. An Immigration Inspector may permit crewman's landing
to a foreign crewman (including those who become a crewman in
Japan; hereinafter the same in this article) who desires to land
for a period less than fifteen days for the purpose of transferring
to another vessel, etc. (including boarding of a vessel, etc.),
to resting or shopping or for other similar purposes upon application
of the captain of the vessel, etc., or the carrier who operates
the vessel, etc., (including the vessel, etc. he is to board)
in accordance with the procedures provided for by the Ministry
of Justice Ordinance.
2. An Immigration Inspector may permit multiple crewman's landing
to a crewman described in one of the following sub-paragraphs
if he deems that there are reasonable grounds to do so;
(1) where a foreign crewman of a vessel placed on regular service
between Japan and other countries or of other ships frequenting
Japanese ports, wish to land in Japan during multiple calls of
the vessel, for resting, shopping and other similar purposes
within one year from the date of permission, and application
for such a permission is made by the captain of the vessel or
the carrier who operates the vessel concerned, in accordance
with the procedures provided for by the Ministry of Justice Ordinance,
or
(2) where a foreign crewman of a carrier engaged in regular airline
service between Japan and other countries wish to land in Japan
for a maximum of fifteen days from each arrival date for resting,
shopping and other similar purposes and to leave from the same
airport as a crewman of an aircraft belonging to the same carrier,
on multiple occasions within one year from the date of permission,
and application for such permission is made by the carrier concerned,
in accordance with the procedures provided for by the Ministry
of Justice Ordinance.
3. In giving the permission provided for in the preceding two
paragraphs, an Immigration Inspector shall issue a crewman's
landing permit to the crewman concerned.
4. In giving the permission provided for in Paragraph 1, the
Immigration Inspector may impose upon the crewman such restrictions
as period of landing, area of movement (including route to be
followed in transit) and others which he may deem necessary,
and if deemed necessary, have his fingerprints taken in accordance
with the Ministry of Justice Ordinance.
5. The proviso to Article 14, Paragraph 1, shall apply mutatis
mutandis in the case of Paragraph 1 and Paragraph 2 of this article.
6. If an Immigration Inspector finds that a crewman is to land
with the permission mentioned in Paragraph 2 of falls within
one of the items of Article 5, Paragraph 1 the Immigration Inspector
shall revoke the permission immediately.
7. Except for cases provided for in the preceding paragraph,
an Immigration Inspector may revoke the permission, in accordance
with the procedures provided for in the Ministry of Justice Ordinance,
if the Immigration Inspector finds it inappropriate to grant
the permission concerned any further. In such a case, when the
crewman is in Japan the Immigration Inspector shall designate
a period within which the crewman shall return to his ship or
leave Japan.
(Emergency Landing Permit)
Article 17. In case of disease or any other accident which urgently
requires landing of an alien aboard a vessel, etc. for the purpose
of undergoing medical treatment, etc., an Immigration Inspector
may permit emergency landing to the alien concerned upon request
of the captain of the vessel, etc. or the carrier who operates
the vessel, etc., until the cause thereof ceases to exist, subject
to medical examination of a physician designated by the Minister
of Welfare or the Minister of Justice.
2. In giving the permission provided for in the preceding paragraph,
an Immigration Inspector shall issue to the alien concerned an
emergency landing permit.
3. When the permission provided for in Paragraph 1 has been given,
the captain of the vessel, etc. or the carrier mentioned in the
same paragraph shall be liable to pay the costs of living, medical
treatment, or funeral service of the alien concerned and any
other expenses incurred during his emergency landing.
(Landing Permission due to Disaster)
Article 18. An Immigration Inspector may, if in the event of
a vessel, etc. in distress he finds the urgent necessity for
carrying out relief and protection of alien victims on board
the vessel, etc. or for any other cause, give the alien concerned
permission to land due to disaster upon application of the mayor
of the city, town or village who carries out the relief and protection
under the provisions of the Sea Casualties Rescue Law (Law No.
95 of 1899). or upon application of the captain of the vessel,
etc. who has afforded relief and protection to the alien victims,
the captain of the vessel, etc. in distress or the carrier who
operates the vessel, etc.
2. The Immigration Inspector shall give permission without delay
to land due to disaster, regardless of the provision of the preceding
paragraph, when he has taken delivery of the alien mentioned
in the preceding paragraph from a Police Official or Maritime
Safety Official.
3. In giving the permission provided for in the preceding two
paragraphs, the Immigration Inspector shall issue to the alien
concerned a landing permit due to disaster.
4. In giving the permission provided for in Paragraph 1 or Paragraph
2, the Immigration Inspector shall impose upon the alien such
restrictions as the period of landing, area of movement and others
which he may deem necessary in accordance with the Ministry of
Justice Ordinance.
(Landing Permission for Temporary Refuge)
Article 18-2. An Immigration Inspector may permit landing for
temporary refuge upon application from an alien aboard a vessel,
etc., who is considered to be applicable to the following items:
(1) A person who has entered Japan on the grounds provided for
in Article 1, Paragraph A-(2) of or Refugee Convention or other
similar grounds thereto after fleeing from a territory where
his life, physical being or physical freedom was likely to be
endangered.
(2) It would be appropriate to permit him a temporary landing.
2. In giving the permission provided for in the preceding paragraph,
an Immigration Inspector shall issue to the alien concerned a
landing permit for temporary refuge.
3. In giving the permission provided for in Paragraph 1, an Immigration
Inspector may impose upon the alien concerned such restrictions
as period of landing, place of stay, area of movement, and other
conditions which he may deem necessary, and if deemed necessary,
have his fingerprints taken in accordance with the Ministry of
Justice Ordinance.
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