Application for refugee etc. recognition

This is a procedure for foreigners in Japan to be recognized as refugees under the Refugee Convention or persons eligible for complementary protection. If either recognition is granted, a certificate for each will be issued and the residence status of "long-term resident" will be granted.

Even if neither recognition is granted, "long-term resident" status may be granted from a humanitarian standpoint during the same procedure.

The term "refugee" is defined in the Refugee Convention and other international documents as "a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his or her nationality and is unable or unwilling to avail himself or herself of the protection of that country."

On the other hand, "complementary protection recipients" refer to people who do not meet the above refugee criteria but who require similar protection, such as conflict-displaced persons, and were newly defined in the revised Immigration Control Act of 2023 in response to the Ukraine conflict.

The applicant (foreigner) must submit/present the application form, documents proving that the applicant is a refugee or a recipient of complementary protection, and other documents such as a passport or travel document to the regional immigration office that has jurisdiction over the applicant's place of residence.

For second and subsequent applications, a reapplication form must be used, and any "persecution circumstances" that differ from the previous time must be entered in detail.

If the applicant does not have a status of residence, such as being in an illegal overstaying status, they may be granted a "provisional stay permit" under certain conditions. If they have a status of residence, they may be granted a change to a "designated activity (6 months)" status under certain conditions.

If the result of the application or subsequent request for review is not available within the period of provisional stay or period of stay, he/she will need to apply for renewal, respectively.

Foreigners who have applied for refugee recognition but have not been recognized, or whose refugee recognition has been revoked, may request a review from the Minister of Justice within seven days of receiving notice that their refugee status will not be recognized or that their refugee recognition has been revoked.

Foreigners who enter Japan illegally or overstay their residence permit, or who otherwise fall under the grounds for deportation stipulated in Article 24 of the Immigration Control Act, will be forcibly deported. However, for foreigners who are applying for refugee status, deportation is suspended for the period until their application is reviewed. This is called the suspension of deportation for refugee applications.

The abuse of this deportation suspension effect (avoiding deportation by repeatedly applying for refugee status) has been a problem for some time, but the 2024 amendment to the Immigration Control Act means that the deportation suspension effect will not be recognized for refugee applications made three or more times.