Enforcement of Written Deportation Orders; Deportation; and Voluntary exit deportation by own expenses
1 Enforcement of Written Deportation Orders
If the immigration control authority issues the deportation order, an immigration control officer must immediately deport the foreign national by showing the deportation order or a copy thereof to the said foreign national.
If the immigration control authority is not able to immediately deport a foreign national after issuing the deportation order to the foreign national, the foreign national will be detained at the immigration center, regional immigration bureau's detention center, or any other location designated by the Minister of Justice or the supervising immigration inspector who is authorized to do so by the Minister of Justice until the authority will be able to deport the foreign national from Japan.
(1) Destinations of Deportation
In principle, the immigration control authority will deport a foreign national to the foreign national's home nation. However, if it is impossible to do so, the authority will deport the foreign national to the following locations by paying due attentions to the foreign national's intention.
- a. A country in which he had been residing immediately prior to his entry into Japan
- b. A country in which he once resided before his entry into Japan.
- c. A country to which the port, where he boarded the vessel or aircraft departing for Japan, belongs.
- d. A country where his place of birth is located.
- e. A country to which his birthplace belonged at the time of his birth.
- f. Any country other than those given in the preceding items.
On the other hand, even if an foreign national wishes to be extradited to the nation a) to f), the immigration control authority may not extradite the foreign national unless the said nation accepts the foreign national.
Unless the Minister of Justice finds it significantly harmful to Japan's national interests or public security, the immigration control authority will not extradite a foreign national to a nation as stipulated in the Refugee Convention, Article 33, Paragraph 1 (so-called the principle of non-refoulement). In other words, the authority will not extradite a foreign national to a nation that has a territory where the foreign national's life or freedom is threatened due to his/her political opinions.
(2) How to deport a foreign national
Roughly speaking, there are three types of deportation: A foreign national leaves Japan at his/her own expenses, at the expense of transportation carrier, or at the expense of the Japanese government. If the government pays for deporting a foreign national, the cost for such extradition deportation will be financed with valuable tax revenue collected from Japanese citizens. In addition, the authority intends to prevent illegal labor, illegal entry or illegal stay as much as possible. For these reasons, the immigration control authority encourages illegal foreign nationals to leave Japan at their expenses as much as possible. However, some illegal foreign nationals face difficulties in returning to home nation because they don't have flight ticket or necessary financial resources for returning home. In addition, some other foreign nationals should be repatriated as soon as possible from humanitarian perspectives. Only in these cases, the Japanese government will pay the cost for repatriating illegal foreign nationals and makes efforts for smoother repatriation.
- The transportation carrier will pay the cost for repatriation if A foreign national is denied landing in the process of landing examination; or A foreign national is deported from Japan because the foreign national falls under one of the conditions as stated in Article 24(5) to (6-2) of the ImmigrationControl Act.
A foreign national is also repatriated if the following two conditions are met: The foreign national is deported from Japan because the a foreign national falls under one of the conditions as stated in Article 24 of the Immigration Control Act within 5 years after landing Japan; and when the foreign national landed Japan, the transportation carrier knows that the foreign national falls under the conditions for being deported.
3 Deportation at the Expense of Foreign National (Voluntary Departure)
- (1) Permission for leaving Japan at the foreign national's own expense The director of the immigration center or the supervising immigration inspector will not permit a foreign national to leave Japan at his/her own expense, just because the foreign national has an intention to leave Japan. In this case, the immigration control authority must check out the foreign national's flight ticket and financial resources to confirm that the foreign national will be surely able to leave Japan.
- (2) Requirements for deportation If you leave Japan as soon as possible at your own expenses, you need to have a valid passport, and flight ticket for boarding an airplane bound for your destination as well as sufficient financial resources to purchase the flight ticket to your destination.