Announcement from the Immigration Services Agency
The implementation of the part of the 2023 Immigration Control Act amendment that states that foreign nationals who have applied for refugee recognition for the third time or later will not be subject to exceptions to deportation procedures is approaching in June.
On the other hand, regarding the refugee recognition system, on the 26th of last month, the Immigration Services Agency announced the ”Number of recognized refugees in 2023”.
Among these, I would like to consider ”Cases in which a person is recognized as a refugee, etc.”
Definition of refugee
A refugee as defined by the Refugee Convention is “a person who has a well-founded fear of persecution on the grounds of race, religion, nationality, membership of a particular social group or political opinion and who is outside the country of his/her nationality and is therefore ineligible for the protection of the country of his/her nationality.”
Points to consider in cases where recognized as a refugee
Those based on “race” and “political opinions”
The government of the home country has strengthened its oppression against the A family (to which the applicant belongs), and if the home government deems them to be influenced by extremism or have anti-government ideologies.
There is a high probability that they will be persecuted by their home country’s government.
Reasons for “religion” and “political opinions”
Political-religious organization A (of which the applicant is a religious leader) is in conflict with the government of country B (the government of the home country), and this conflict has resulted in many deaths.
Reasons for “being a member of a specific social group”
In the home country, there is a strong sense of discrimination against homosexuals (as the applicant is), and this persists even within national institutions such as the police force in the home country, and there are cases where Article A of the criminal law of the home country is applied to arrest people.
In addition, there was a possibility that other laws and regulations could be applied to arbitrarily detain the person.
Reasons for “political opinions”
Reports to the effect that the government of the home country is monitoring political opposition forces abroad to monitor their activities are also accepted, and additionally, individuals suspected of having ties to Country B, Country C, or other countries (the applicant is ) or groups are at a relatively high risk of receiving critical attention from the authorities of their home country.
Cases where residence permits were granted based on humanitarian considerations
Cases where residence permission was granted based on the situation and circumstances of the home country
In my home country, battles have broken out between the military and Armed Force A, a paramilitary organization, with deaths reported in various places and incidents directly targeting civilians, resulting in indiscriminate and regular fighting.
Given that the above-mentioned battles are taking place, it cannot be denied that if the applicants return to Japan, they may become embroiled in the above-mentioned battles.
Cases in which residence permits were granted in consideration of special circumstances in Japan
It is recognized that the applicant is married to a Japanese person in Japan, living together with him, and providing mutual support, and that he is already custodial and raising a biological child of Japanese nationality born to the applicant couple, and the stability and continuity of the marriage are recognized.
Cases in which they were not recognized as refugees, etc.
- Although ”race” was cited as the reason for the persecution, the government of the home country is working on a policy that respects the language and culture of ethnic A (of which the applicant is a member).
- Although ”religion” was cited as the reason for the persecution, the country’s constitution guarantees freedom of religion.
- Although he cited “political opinions” as the reason for the persecution, it is recognized that the government of his home country is cracking down on illegal acts by political party officials and private individuals.
- Other items that naturally do not qualify as refugees
- Allegation of personal dispute
- Hope for working in Japan
- Others wish to stay in Japan
- Multiple applications with the same purpose
Once recognized as a refugee
If a foreign national is recognized as a refugee, he/she will be granted the residence status of “Long Term Resident” and will be able to reside in Japan without any employment restrictions.
In addition, if he/she is seeking the status of “permanent resident”, the requirement of living with independent earning becomes unnecessary.
Steps to certification/disapproval
Looking at the case studies, the decision-making steps can be understood as follows.
- Based on the submitted materials, whether there is a high possibility that the applicant will return to his or her home country and face persecution.
- If YES, is it possible that the home government itself supports persecution?
- If YES → Recognized
- If NO → Not recognized as a refugee (but permitted to stay for humanitarian reasons)
- If NO, should the person be granted asylum based on humanitarian considerations (such as being involved in a conflict rather than persecution)?
- If YES → Not recognized as a refugee (but permitted to stay for humanitarian reasons)
- If NO → Not recognized as a refugee (request for review, detention, deportation procedures including provisional release)
- If YES, is it possible that the home government itself supports persecution?
Summary
Ultimately, I believe that whether or not a refugee application is recognized is a matter of consideration towards the other country in terms of diplomatic relations.
In other words, it is whether or not the government of the other country shares the same sense of fundamental human rights as the other party in a bilateral relationship, and if YES, the government will not recognize it, even if it does not reflect the actual situation.
If a person is recognized as a refugee because the security situation in their home country is extremely poor, it can be said to be an act of governance on behalf of the government of their home country, which can be considered as interference in internal affairs. Based on this, special permission for residence will be granted due to human rights considerations.
The fact that Japan’s refugee recognition rate is extremely low compared to developed countries does not seem to be due to a lack of consideration for human rights, but rather to the fact that it is too considerate of other countries (a culture that does not speak out strongly).
Rather than simply looking at the rate of refugee recognition, we should look at the complementary protection system that has been institutionalized this time, residence permits based on humanitarian considerations as a result of refugee application procedures, and special permission to stay that will also be institutionalized this time.
It can be said that it is necessary to look at the results of the application procedure in total.
Standard processing period
By the way, the standard processing period for refugee recognition from application to results is getting longer, reaching 32.2 months in 2021.
Even in the revised Immigration Control Act, two applications for refugee recognition are subject to exceptions to deportation procedures, so unless this situation is improved, we may not expect much effect from the revised law. (If applied twice, the applicant can simply stay for 5 years for specific activities)