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< What is a Refusal of Landing? >
[Refusal of Landing]
Japanese law concretely lists the reasons for refusing a landing of foreigners. Those coming under any one of these reasons, making a false statement about the purpose of landing to an Immigration Inspector, etc. are subject to refusal.
In the year of 2001, about 10 thousand of foreigners were refused at the landing examination.
[Main Reasons for Refusal]
Your landing will be refused, IF YOU ARE;
1. A violator of the law
Any foreigner who has been convicted of a violation of any
laws or regulations of Japan or any other countries and
sentenced to the penal servitude or imprisonment for 1 year or
more (a suspended sentence included) or to a equivalent
penalty, except for those convicted a political offense.
2. A violator of the drugs control law
Any foreigner who has been convicted of a violation of any
laws or regulations of Japan or any other countries relating to
the control of drugs such as narcotics, marijuana, opium, etc.
and sentenced to a penalty (a suspended sentence included).
3. An illegal possessor of tools for smoking drugs
Any foreigner who illegally possesses any tools for smoking or
eating drugs.
4. A person concerned to prostitution
5. An illegal possessor of firearms or swords
6. A person who has been refused his landing due to the reason
3 or 5 above and 1 year has not yet elapsed from the date of
refusal of landing.
7. A person who has been deported from Japan and 5 years have
not yet elapsed from the date of deportation.
8. A person who has been pronounced a suspended sentence of
penal servitude or imprisonment on the charge of a crime such
as theft, burglary, etc. and has left Japan without being deported
before the sentence was finalized, and 5 years have not yet
elapsed from the date when the sentence was finalized.
Above all, when you come under the reason 1, 2 or 4, your landing will be refused almost permanently, except for a very special case.
[Procedures for Landing Examination]
Japanese law stipulates 3 steps of procedures for landing examination as follows.
1. 1st step (Landing Examination by an Immigration Inspector)
You shall apply for landing to an Immigration Inspector. When
he refuses your landing, you shall proceed to the next
examination without any claim.
2. 2nd step (Hearing by a Special Inquiry Officer)
A Special Inquiry Officer re-examines the case and you are
allowed,
1) To have your representative attend a hearing.
2) To produce an evidence.
3) To examine a witness.
4) To have one of your relatives or acquaintances attend a
hearing with a permission of a Special Inquiry Officer.
As a result of a hearing, when a Special Inquiry Officer judges
that you do not fulfill the requirements for landing, he shall
notify you of the result and reason.
When you do not agree with the result, you may make an
objection to the Minister of Justice within 3 days after
receiving a notice.
3. 3rd step (Decision by the Minister of Justice)
The Minister of Justice may grant a special permission for
landing even when he finds that your objection is not well-
grounded.
As to details, please refer to "Special Permission for Landing".
Your inquiry will be always welcome;
sugi-san@mva.biglobe.ne.jp
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