CHAPTER 5 PROCEDURES FOR DEPORTATION

SECTION 1 INVESTIGATION OF VIOLATIONS

(Investigation of Violations)

Article 27. An Immigration Control Officer may, when he finds an alien who he believes comes under any one of the items of Article 24, conduct investigation of any violations by such an alien (hereinafter referred to as "suspect").

(Necessary Inquiries and Information for Investigation of Violations)

Article 28. An Immigration Control Officer may conduct necessary investigation in order to attain the objectives for an investigation of any violations. However, compulsory dispositions may not be effected unless special provisions are enacted in this chapter and Chapter 8.

2. An Immigration Control Officer may make inquiries at public offices or public or private organizations for information on necessary matters connected with the investigation of violations.

(Request of Appearance and Investigation of a Suspect)

Article 29. An Immigration Control Officer may, in case it is necessary to conduct investigation of any violations, request the appearance of a suspect and question him.

2. In the case of the preceding paragraph, an Immigration Control Officer shall put the suspect's statement on record.

3. In putting record mentioned in the preceding paragraph, an Immigration Control Officer shall make the suspect read it, or read it aloud to the suspect, and have him sign it, and shall affix his signature thereto.

4. In the case of preceding paragraph, if the suspect is unable to sign or refuses to sign, an Immigration Control Officer shall make an additional entry to such effect on the record.

(Request of Appearance of Witness)

Article 30. An Immigration Control Officer may, if it is necessary in conducting investigation of violations, request an appearance of a witness for questioning.

2. In the case of the preceding paragraph an Immigration Control Officer shall put the witness statement on the record.

3. The provisions of Paragraph 3 and Paragraph 4 of the preceding article shall apply mutatis mutandis to the case of the preceding paragraph. In this case "suspect" in Paragraphs 3 and 4 of the preceding article shall read "witness".

(Inspection, Search and Seizure)

Article 31. An Immigration Control Officer may, in case it is necessary in conducting investigation of violations, effect a visit of inspection, search or seizure with permission of the judge of the District Court or Summary Court exercising jurisdiction over the area where his office is located.

2. In the case of the preceding paragraph, if urgency is required, an Immigration Control Officer may take such an action as provided for in the same paragraph with permission of the judge of the District Court or Summary Court exercising jurisdiction over the place subject to inspection, persons or articles subject to search, articles subject to search, or articles subject to seizure.

3. An Immigration Control Officer shall, when he is to apply for permission provided for in Paragraph 1 or in the preceding paragraph, submit an application together with data that indicate that a suspect is likely to come under one of the items of Article 24; and data that indicate existence of circumstances under which a place is likely to be connected with a case of a violation if the Immigration Control Officer is to inspect such a place as dwellings of those other than the suspect, or data that indicate existence of an article to be seized and that such an article is likely to be connected with a case if the Immigration Control Officer is to search a
person other than the suspect, his personal effects, dwellings. etc., or data that indicate existence of circumstances that an article is likely to be connected with a case of violation if the Immigration Control Officer is to seize an article of a person other than the suspect.

4. When an application provided for in the preceding Paragraph is submitted a judge of a District Court or Summary Court shall enter in the warrant the place of inspection, the person or articles subject to search, articles to be seized, official position and name in full of the applicant, the effective period of the warrant, and the name of the Court with signature and seal, and deliver it to the Immigration Control Officer.

5, An Immigration Control Officer may deliver the warrant provided for in the preceding paragraph to another Immigration Control Officer and have him carry out inspection, search or seizure.

(Necessary Actions)

Article 32. An Immigration Control Officer may, in case it is necessary for carrying out searches or seizures, remove locks, open seals, or take any other necessary action.

(Carrying of Identification Card)

Article 33. An Immigration Control Officer shall carry with him his identification card and produce it upon request to a person concerned when he conducts investigations, inspections, searches or seizures.

(Attendance at Search or Seizure)

Article 34. An Immigration Control Officer shall, in case he conducts searches or seizures at a dwelling or building, have the proprietor, tenant, administrator or a person who acts in the capacity of such a person be present. If it is impracticable, he shall have a neighbor of any such person or an official of a local public entity be preset.

(Restriction on Hours)

Article 35. An Immigration Control Officer shall not enter any dwelling or building to conduct searches or seizures before sunrise or after sunset unless the warrant indicates that it may be conducted at night. 2. An Immigration Control Officer may, in case he has started search or seizure before sunset, continue even after sunset. 3. An Immigration Control Officer shall not be required to act according to the restrictions stipulated in Paragraph 1 when conducting searches or seizures at the following places:

( 1 ) Any place which is considered to be constantly used for acts prejudicial to public morals;

( 2 ) A hotel or restaurant or any other place where the public may frequent even at night; provided, however, that this shall apply only during the hours open to the public.

(Prohibition of Entry and Exit)

Article 36. An Immigration Control Officer may prohibit any person to enter or leave the premises without permission while he is conducting investigation, inspection, search or seizure.

(Procedures for Seizure)

Article 37. An Immigration Control Officer shall, in case he has effected seizure, make a list of the articles seized and deliver it to the owner, holder, custodian or a person who acts in the capacity of such a person.

2. An Immigration Control Officer shall, in case he finds that there is no necessity of retaining a seized article, return it without delay.

(Preparation of Record)

Article 38. An Immigration Control Officer shall, in case he has conducted inspection, search or seizure, prepare a record thereof and make a person required to be present read it, or read it aloud to such a person and have him sign it, and sign it himself. 2. In the case of the preceding paragraph, if the person present is unable to sign or refuses to sign, the Immigration Control Officer shall make an additional entry to that effect in the record.


SECTION 2 DETENTION

(Detention)

Article 39. An Immigration Control Officer may, if he has a sufficient reason to suspect that a suspect comes under any one of the items of Article 24, detain the suspect in accordance with a written detention order.

2. Such a written detention order as mentioned in the preceding paragraph shall be issued upon application of an Immigration Control Officer by a Supervising Immigration Inspector of the office to which the former is attached.

(Form of Written Detention Order)

Article 40. In a written detention order provided for in Paragraph 1 of the preceding article, name, place of residence, nationality of a suspect, summary of a suspected offense, place of detention, effective period and date of issuance of an order, and other matters provided for by the Ministry of Justice Ordinance shall be written and a Supervising Immigration Inspector shall sign his name and affix his seal thereto.

(Period and Place of Detention and En trusting of Custody)

Article 41. The period of determined by written detention order shall be within thirty days. However, if a Supervising Immigration Inspector finds that there are unavoidable circumstances, he may extend such period only for another thirty days.

2. The place wherein the alien may be detained under the written detention order shall be an Immigration Center, detention house, or any other proper place designated by the Minister of Justice or by a Supervising Immigration Inspector commissioned by the Minister of Justice.

3. A Police Official may, upon request of a Supervising Immigration Inspector who finds it necessary, place a suspect under custody of a police station. (Procedures for Detention; Article 42. An Immigration Control Officer shall, when he detains a suspect based on a written detention order, produce the detention order to the suspect.

(Procedures for Detention)

Article 42. An Immigration Control Officer shall, when he detains a suspect based on a written detention order, produce the detention order to the suspect.

2. In case of urgency, an Immigration Control Officer may, even if he is not in possession of a written detention order, detain a suspect informing the suspect of the summary of the suspected offense and also of the fact that the order is outstanding, provided that the order shall be produced to the suspect as soon as possible.

(Emergency Cases)

Article 43. If an Immigration Control Officer finds that there is sufficient reason to believe that a person apparently coming under one of the items of Article 24 is likely to disappear before the issuance of the written detention order, such an Immigration Control Officer may detain him without a detention order.

2. In case a detention has been effected in accordance with provisions of the preceding paragraph, an Immigration Control Officer shall notify a Supervising Immigration Inspector as soon as possible of the grounds therefore and request the issuance of a written detention order.

3. In such a case as of the preceding paragraph, if a Supervising Immigration Inspector does not approve the detention as provided for in Paragraph 1, the Immigration Control Officer shall immediately release the detained person.

(Delivery of the Suspect)

Article 44. If an Immigration Control Officer has detained a suspect pursuant to the provision of Article 39, Paragraph 1, he shall deliver the suspect to an Immigration Inspector together with the record and evidences within forty-eight hours from the time he places the suspect under physical restraint.

SECTION 3 EXAMINATION, HEARING AND FILING OF OBJECTION

(Examination by Immigration Inspector)

Article 45. An Immigration Inspector shall, when a suspect has been delivered to him pursuant to the provision of the preceding article, promptly examine whether the suspect comes under any one of the items of Article 24.

2. An Immigration Inspector shall, in case he has held the examination in accordance with the preceding paragraph, prepare a record thereof.

(Burden of Proof on a Suspect)

Article 46. Any suspect subject to examination under the preceding article, when he is suspected to come under any one of the items (1)(except for the part concerning Article 3, paragraph 1, item (2)), (2) or (3) in Article 24, shall prove for himself that he does not come under the item.

(Procedures after Examination)

Article 47. An Immigration Inspector shall release a suspect without delay when he has found, as a result of examination, that the suspect dose not come under any one of the items of Article 24.

2. If an Immigration Inspector finds, as a result of examination, that the suspect comes under any one of the items of Article 24, such an Immigration Inspector shall immediately notify a Supervising Immigration Inspector and the person concerned of his findings in writing together with the statement of grounds for such findings.

3. If an Immigration Inspector submits a notification in accordance with the preceding paragraph, he shall notify the suspect that he may request a hearing pursuant to the provisions of Article 48.

4. In the case of Paragraph Z, if the suspect agrees with the findings, the Supervising Immigration Inspector shall, after having the alien sign a document with a statement that he will not request a hearing, issue without delay a written deportation order pursuant to the provisions of Article 51.

(Hearing)

Article 48. A suspect who has received a notification provided for in Paragraph 2 of the preceding article may, if he has any objections to the findings provided for in the same paragraph, orally request a Special Inquiry Officer for a hearing within three days from the date of notification.

2. An Immigration Inspector shall, when a request has been made for a hearing under the preceding paragraph, submit a record provided for in Article 45, Paragraph 2 and other pertinent documents to a Special Inquiry Officer.

3. A Special Inquiry Officer shall, when a request is made for the hearing in accordance with Paragraph 1, notify the suspect of the time and place of hearing and conduct the hearing without delay.

4. A Special Inquiry Officer shall, when a hearing is held accordance with the preceding paragraph, prepare a record of the hearing.

5. The provisions of Article 10, Paragraphs 3 to 5 shall apply mutatis mutandis to the proceedings of a hearing under Paragraph 3.

6. If a Special Inquiry Officer finds, as a result of the hearing, that the findings mentioned in Paragraph 2 of the preceding article is not supported by facts, he shall immediately release the person concerned.

7. When a Special Inquiry Officer finds, as a result of a hearing, that there is no error in the findings mentioned in Paragraph 2 of the preceding article, he shall immediately notify the Supervising Immigration Inspector and the suspect to that effect, and at the same time notify the suspect that he may file an objection pursuant to the provisions of Article 49.

8. If the suspect, upon receipt of the notification mentioned in the preceding paragraph, agrees to the findings mentioned in the same paragraph, the Supervising Immigration Inspector shall have him sign a document with a statement that he will not file an objection and immediately issue a written deportation order provided for in Article 51.

(Filing of Objection)

Article 49. A suspect who has been notified in accordance with Paragraph 70 of the preceding article, may, in case he does not accept the findings under the same paragraph, file an objection with the Minister of Justice by submitting to a Supervising Immigration Inspector, within three days from the date of receipt of the notification, a written statement containing the grounds for his complaint in accordance with the procedures provided for by the Ministry of Justice Ordinance.

2. When the objection provided for in the preceding paragraph has been filed, a Supervising Immigration Inspector shall submit to the Minister of Justice a record of the examination mentioned in Article 45, Paragraph 2, and a record of the hearing mentioned in Paragraph 4 of the preceding article and other pertinent documents.

3. When the Minister of Justice has received the objection filed under Paragraph 1, he shall decide whether the objection is well-grounded and notify a Supervising Immigration Inspector of his decision.

4. The Supervising Immigration Inspector shall, upon receipt of the notification from the Minister of Justice of his decision that the objection is well-grounded, immediately release the suspect.

5. The Supervising Immigration Inspector shall, upon receipt of the notification from the Minister of Justice of his decision that the objection is groundless, immediately notify the suspect to that effect and issue a written deportation order in accordance with the provision of Article 51.

(Special Cases of Decision of the Minister of Justice)

Article 50. The Minister of Justice may, even if he finds that the objection filed is groundless in making a decision under Paragraph 3 of the preceding article, give the suspect special permission to stay in Japan if:

(1) He has obtained permission for permanent residence;

(2) He has had in the past a permanent domicile in Japan as a Japanese national; or

(3) The Minister of Justice finds grounds for giving special permission to stay. other than the previous two sub-paragraphs.

2. In the case of the preceding paragraph, the Minister of Justice may impose conditions which he may deem necessary, such as period of stay etc., in accordance with the Ministry of Justice Ordinance.

3. The permission in accordance with Paragraph 1 shall be regarded as the decision that the objection filed is well-grounded with respect to the application of Paragraph 4 of the preceding article.

SECTION 4 EXECUTION OF WRITTEN DEPORTATION ORDER

(Form of Written Deportation Order)

Article 51. A deportation order issued in accordance with Article 47, Paragraph 4, Article 48, Paragraph 8 or Article 49, Paragraph 5, or in accordance with deportation procedure based on the provisions of Article 63, Paragraph l, shall contain full name, age, and nationality of the deportee, reason for deportation, date of issuance of the deportation order, and other matters as provided for by the Ministry of Justice Ordinance, and the name and seal of a Supervising Immigration Inspector shall be affixed thereto.

(Execution of Written Deportation Order)

Article 52. A written deportation order shall be executed by an Immigration Control Officer.

2. A Police Official or Maritime Safety Official may, at the request of a Supervising Immigration Inspector who finds it necessary due to shortage of Immigration Control Officers, execute a written deportation order.

3. In executing a deportation order, a Immigration Control Officer (including a Police Official or Maritime Safety Official who executes a written deportation order pursuant to the provision of the preceding paragraph; the same shall apply in this article) shall produce the deportation order or its copy to a deportee and have him be deported without delay to the destination as provided for in Article 53.However, an Immigration Control Officer shall hand him over to a carrier if the deportee is to be sent back by such a carrier in accordance with Article 59.

4. In the case of the preceding paragraph, if a person against whom a deportation order has been issued desires to leave Japan voluntarily at his own expense, a Director of an Immigration Center or a Supervising Immigration Inspector may permit him to do so upon application by the said person.

5. If, in the case of the main sentence in Paragraph 3, a deportee cannot be deported immediately, an Immigration Control Officer may detain him in an Immigration Center, detention house, or other places designated by the Minister of Justice or by a Supervising Immigration Inspector commissioned by the Minister of Justice until such time as deportation becomes possible.

6. In the case of the preceding paragraph, a Director of an Immigration Center or a Supervising Immigration Inspector may, if it is found that a deportee cannot be deported. release him under conditions deems necessary such as restrictions on place of residence and area of movement and duty of appearing at a summons.

(Destinations of Deportees)

Article 53. Any person subject to deportation shall be deported to a country of which he is a national or citizen.

2. If a person cannot be deported to such a country as provided for in the preceding paragraph such a person shall be deported to one of the following countries according to his desire:

(1) A country in which he had been residing immediately prior to his entry into Japan;

(2) A country in which he has resided once before his entry into Japan;

(3) A country to which the port at which he boarded a vessel, etc. for Japan belongs;

(4) A country where his place of birth is located;

(5) A country to which his birthplace had belonged at the time of his birth;

(6) Any country other than those mentioned in the preceding items.

3. Except for cases where the Minister of Justice finds it considerably detrimental to the interests and security of Japan, the countries provided for in the preceding two paragraphs shall not include the territories of countries stipulated in the Refugee Convention, Article 33, Paragraph 1.

SECTION 5 PROVISIONAL RELEASE

(Provisional Release)

Article 54. A person detained under a written detention order or deportation order, his proxy, curator, spouse, lineal relative or brother or sister may apply for provisional release to a Director of an Immigration Center or Supervising Immigration Inspector in accordance with the procedures provided for by the Ministry of Justice Ordinance.

2. A Director of an Immigration Center or a Supervising Immigration Inspector may accord provisional release to an alien detained under a written detention order or deportation order upon application provided for in the preceding paragraph or ex officio, taking into consideration of circumstances, evidence produced in support of the application, character, financial ability, etc., of such an alien in accordance with the Ministry of Justice Ordinance, upon his depositing a bail bond not exceeding three million yen as provided for by the Ministry of Justice Ordinance,and with conditions as may be deemed necessary. such as, inter alia, restrictions on places of residence and area of movement and duty of appearing at a summons.

3. A Director of an Immigration Center or a Supervising Immigration Inspector, if he deems it proper, may permit a letter of guarantee submitted by a person other than an alien detained under a written detention order or deportation order be substituted for a bail bond. Such a letter of guarantee shall contain an amount of a bail bond and statement that the bail bond will be paid at any time.

(Rescission of Provisional Release)

Article 55. A Director of an Immigration Center or a Supervising Immigration Inspector may rescind a provisional release if a person accorded provisional release disappears or there is an adequate reason to suspect that he may disappear; or if he fails to comply with an order to appear at a summons without justifiable reason; or if he violates any conditions of the provisional release.

2. A Director of an Immigration Center or a Supervising Immigration Inspector shall, if he rescinds a provisional release under the preceding paragraph, prepare a written rescission of provisional release and deliver it to an Immigration Control Officer with the written detention order or deportation order attached.

3. A Director of an Immigration Center or a Supervising Immigration Inspector shall confiscate a bail bond in whole if he rescinds a provisional release on the grounds that the person may disappear or fail to comply with an order to appear at a summons without justifiable reason and he shall confiscate a bail bond in part if he rescinds a provisional release on any other grounds.

4. Should any person be rescinded a provisional release, an Immigration Control Officer shall produce a written rescission of provisional release and a detention order or deportation order to such a person and detain him at an Immigration Center, detention house, or any other place designated by the Minister of Justice or a Supervising Immigration Inspector commissioned by the Minister of Justice.

5. An Immigration Control Officer may, in case of emergency, detain a person who is rescinded of a provisional release without a written rescission of provisional release and a detention order or deportation order by informing him that the provisional release has been rescinded. However, a written rescission of provisional release and a detention order or deportation order shall be produced to such a person as soon as possible.