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CHAPTER
7-2 RECOGNITION OF REFUGEE STATUS, ETC.
(Recognition
of Refugee Status)
Article 61-2. The Minister of Justice may, if an alien
in Japan submits an application in accordance with the
procedures provided for by the Ministry of Justice
Ordinance, recognize such a person as a refugee
(hereinafter referred to as "recognition of refugee
status") based on the data furnished.
2. The application mentioned in the preceding paragraph
must be submitted within sixty days after the day the
person landed in Japan (or the day he became aware of
the fact that the circumstances in connection with which
he may become a refugee arose while he is in Japan
refugee). However, this shall not apply if there are
unavoidable circumstances.
3. When the recognition provided for in Paragraph 1 has
been made, the Minister of Justice shall issue a
Certificate of Refugee Status to the alien concerned in
accordance with the procedures provided for by the
Ministry of Justice Ordinance; and if it is not
approved, the alien shall be notified in writing with
reason attached.
(Withdrawal of
Recognition of Refugee Status)
Article 61-2-2. The Minister of Justice shall withdraw
the recognition of refugee status if the alien residing
in Japan who has been recognized as a refugee comes
under any one of the following items:
(1) One of the Article 1, C-(1) through (6) of the
Refugee Convention;
(2) The alien has taken an action in the Article 1,
F-(a) or (c) of the Refugee Convention after being
recognized as a refugee.
2. The Minister of Justice shall notify in writing with
reason attached, when withdrawing the recognition of
refugee status as described in the preceding paragraph,
to the alien concerned and place a notice in the
Official Gazette of the loss of validity of the alien's
Certificate of Refugee Status and the Refugee Travel
Document.
3. When an alien who has been issued the Certificate of
Refugee Status or the Refugee Travel Document receives
notice of withdrawal of the recognition of refugee
status as described in the preceding paragraph, he must
return these certificates to the Minister of Justice
without delay.
(Inquiry of the Facts)
Article 61-2-3. The Minister of Justice may have a
Refugee Inquirer inquire into the facts if there is a
possibility of not being able to make a proper
recognition of refugee status with only the data
furnished as provided for in Article 61-2, Paragraph 1,
or if it is deemed necessary in dealing with the
recognition of refugee status or withdrawal.
2. The Refugee Inquirer may request the persons
concerned to make an appearance, ask questions, or
request presentation of documents if necessary for the
inquiry as described in the preceding paragraph.
3. The Minister of Justice or the Refugee Inquirer may
make inquiries to public offices or to public or private
organizations and request submission of reports on
necessary facts.
(Filing of Objection)
Article 61-2-4. If an alien upon receipt of the notice
of one of the following decisions has an objection to
the findings, he may, within seven days after the date
of the receipt of the notice, file an objection with the
Minister of Justice by submitting a document with a
statement of his complaint in accordance with the
procedures provided for by the Ministry of Justice
Ordinance. In such a case, an appeal of dissatisfaction
as provided for by the Administrative Objection
Examination Law (Law No. 160 of 1962) cannot be made:
(1) Rejection of recognition of refugee status;
(2) Withdrawal of recognition of refugee status as
described in Article 61-2-2, Paragraph 1.
(Special Rules on
Permanent Residence Permit for Refugees)
Article 61-2-5. If a person who has been recognized as a
refugee applied for permanent residence as provided for
in Article 22, Paragraph 1, the Minister of Justice may
give permission despite the provision of the main part
of Paragraph 2, of the same article, and even if the
person does not conform to Item (2) of the same
paragraph.
(Refugee Travel
Document)
Article 61-2-6. The Minister of Justice shall, if an
alien in Japan who has been recognized as a refugee
seeks to depart from Japan, issue a Refugee Travel
Document upon application by such an alien, in
accordance with the procedures provided for by the
Ministry of Justice Ordinance. However, this shall not
apply if the Minister of Justice finds that there is a
possibility of the person committing acts detrimental to
the interests and security of Japan.
2. The term of validity of the Refugee Travel Document
mentioned in the preceding paragraph shall be one year.
3. A person who has been issued the Refugee Travel
Document as provided for in Paragraph 1 may enter and
depart from Japan within the term of validity. In this
case, the re-entry permission provided for in Article 26
will not be required.
4. In the case of the preceding paragraph, if the
Minister of Justice deems it necessary, the period of
validity for entry with the Refugee Travel Document may
be limited to over three months and within one year.
5. The Minister of Justice may, if a person who has
departed from Japan with a Refugee Travel Document
provided for in Paragraph 1 has reasonable grounds for
not being able to enter Japan within the validity term
of the Refugee Travel Document, extend the validity term
of the document not to exceed six months upon
application by the person concerned.
6. The extension described in the preceding paragraph
shall be ordered in the Refugee Travel Document and the
administrative work shall be entrusted to a Japanese
Consular Officer, etc.
7. The Minister of Justice may. if the person who has
been issued a Refugee Travel Document as provided for in
Paragraph 1 is found to have possibilities of committing
acts detrimental to the interests or security of Japan,
order the person while he is in Japan to return the
Refugee Travel Document within a time limit in
accordance with the Ministry of Justice Ordinance.
8. The Refugee Travel Document ordered to be returned as
described in the preceding paragraph shall lose its
validity at the time it is returned or at the time it
passes the expiration date as described in the same
Paragraph if it is not returned. In this case, the
Minister of Justice shall, if it is not returned within
the time limit as described in the same paragraph, place
a notice in the Official Gazette of the loss of validity
of the Refugee Travel Document concerned.
(Return of Certificate
of Refugee Status, etc. following Issuance of
Deportation Order)
Article 61-2-7. If an alien in Japan who has been
recognized as a refugee is subjected to issuance of a
deportation order as provided for in Article 47,
Paragraph 4, Article 48, Paragraph 8 or Article 49,
Paragraph 5, or by the procedures for deportation in
accordance with Article 63, Paragraph 1, the said alien
shall return a Certificate of Refugee Status and Refugee
Travel Document in his possession to the Minister of
Justice without delay.
(Special Case of
Decision of the Minister of Justice Concerning Refugees)
Article 61-2-8. The Minister of Justice may, if a person
who has filed an objection as provided for in Article
49, Paragraph 1 has been recognized as a refugee, give
special permission to stay in Japan to such a person, in
addition to the cases provided for in Article 50,
Paragraph 1, even if the Minister of Justice, in making
a decision according to Article 49, Paragraph 1, finds
that the objection filed is not well-grounded. In such a
case, provisions of Article 50, Paragraphs 2 and 3 shall
apply mutatis mutandis.
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