langage change

Immigration Bureau of Japan

sp menu

Detention, Meeting and giving gifs to foreign nationals under detention, Provisional release

ADOBE READER

Detention, Meeting and giving gifs to foreign nationals under detention, Provisional release

1 Detention

If the investigation of violations has revealed that the suspect has a reasonable ground for being deported, the immigration control authority will detain the suspect by issuing the detention order from the supervising immigration inspector. However, this rule will not be applicable if the departure order would be applicable to the suspect.

2 Meeting and giving gifs to foreign nationals under restrain

The immigration control authority provides explanations on how to visit or give gifts to foreign nationals the authority detains in the immigration center or regional immigration bureau's detention center by issuing the detention order or deportation order (Hereinafter, these foreign nationals are referred to as "detainees"). Detention centers have slightly different office hours. For more information, please refer to detention center.

[How to meet a detainee]

  1. (1) If you wish to meet or give a gift to a detainee, you must go through necessary procedures at the service counter.
  2. (2) If you wish to meet a detainee, you must present your residence card, special permanent resident certificate, passport or any other document that proves your identity.
  3. (3) For Meeting a detainee, the detention center's office hours are from 9:00 to 12:00 and from 13:00 to 15:00 except for Saturday, Sunday and national holidays in principle. Some detention centers have slightly different office hours. For more information, please refer to detention center.
  4. (4) You may meet a detainee for 30 minutes at maximum in principle. Sometimes, a lot of persons wish to visit detainees. In this case, the detention center might designate a shorter time for meeting the detainee so that many persons will be able to meeting detainee.
  5. (5) Please refrain from bringing a camera, video camera, recorder or cellular phone to the detention center if you meet a detainee.

[Guidance on Meeting a Detainee]

  1. (1) Strictly observe the visiting hours.
  2. (2) Do not exchange articles without authorization.
  3. (3) Do not communicate by using secret language or in other secret manner.
  4. (4) Abide by the officer's instructions.
  5. (5) You should be aware that violation (of the above regulations) may cause the interview ended/terminator.

[Guidance on how to give a gift to a detainee]

Basically, you may not bring the following items into a detention room.

  1. (1) Cutting knife or any other metal product, glass product or rope that may be used as lethal weapon or for runaway;
  2. (2) Fire starter, flammable item or any other article that might lead to fire;
  3. (3) Poisonous material, sleeping pill, sedative drug or any other article that might threaten life or physical health; and
  4. (4) Alcoholic beverage or any other beverage that contains alcohol.

It may refuse for a security and sanitary reason also about the food which needs use of the food and drink and the edged tool which it is easy to decompose normal temperature preservation by the ability not doing. Please confirm to each detention center about the propriety of concrete supplies of provisions.

3 Provisional release

The immigration control authority temporarily stops the detention and releases a detainee if the detainee files an application, or if the authority regards it necessary to do so.

By issuing the detentions order, the immigration control authority may detain foreign nationals for "30 days" (plus additional 30 days if supervising immigration inspector finds it necessary to extend the said detention period). By issuing the deportation order, the immigration control authority may detain foreign nationals until the authority is able to deport the detainee. The immigration control authority sometimes needs to release a detainee for health reason or preparation for leaving Japan. Provisional release is indented to addresses such cases.

  1. (1) Applying for provisional release
    • Applicant for provisional release
      The detainee, his/her, proxy, curator, spouse, lineal relative, sibling.
    • Where to apply for provisional release
      If a foreign national is detained in the immigration center, applicant may file an application to the director of the immigration center. If a foreign national is detained in the regional immigration bureau's detention center, applicant may file an application to the supervising immigration inspector of the regional immigration bureau in charge of the said detention center.
      When you apply for provisional release, you need to designate your guarantor who will take care of you during provisional release and give instructions on compliance after the provisional release is granted.
    • Necessary documents
      You need to submit a application for provisional release forms, a document proving the reason for requesting provisional release, and some other documents on the guarantor. For more information, refer to the immigration center or the regional immigration bureau where you indent to apply for provisional release.
      Please click here to view application for provisional release forms
      Application for provisional release
  2. (2) Granting provisional release
    If applicant applies for provisional release, the director of the immigration center or the supervising immigration inspector will may provisionally release the detainee by considering the detainee's circumstances, evidence proving the reason for provisional release, the detainee's characteristics and assets.
    When granting provisional release, the director of the immigration center or the supervising immigration inspector will collect the guarantee deposits of up to 3 million yen, set conditions on residence and activities, and require the detainee to visit the immigration office if he finds it necessary to do so.
    If the director of the immigration center or the supervising immigration inspector deems appropriate to do so, the immigration control authority will accept guarantee certificate submitted by other person than the detainee, rather than collecting the guarantee deposit. The guarantee certificate must indicate the amount of guarantee deposit as well as the obligation to pay the guarantee deposit at any time.
  3. (3) Revocation of provisional release
    • Grounds for revoking provisional release
      The director of the immigration center or the supervising immigration inspector may revoke the provisional release
      1. a. If the foreign national with provisional release has escaped,
      2. b. If the foreign national with provisional release has reasonable ground to escape,
      3. c. If the foreign national with provisional release fail to visit the immigration office without legitimate reason, or
      4. d. If the foreign national with provisional release does not obey the requirements regarding provisional release.
    • Detention
      If the provisional release is revoked, an alien who has been provisionally released will be detained again 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 after issuing the deportation order or retention order.
    • Confiscating guarantee deposit
      If the provisional release is revoked, the immigration control authority will confiscate the guarantee deposit that was paid when a detainee is provisionally released. In this case, the immigration control authority will confiscate all or a part of the guarantee deposit. If the provisional release is revoked due to 1) or 3) as mentioned earlier, the immigration control authority will confiscate all the guarantee deposit. On the other hand, if the provisional release is revoked for any other reason, the immigration control authority will confiscate a part of the guarantee deposit. In the case of a partial confiscation, the director of the immigration center or the supervising immigration inspector will decide how much the authority will confiscate the guarantee deposit by paying attentions to specific circumstances.
  4. (4) Others
    If a foreign national who is detained with deportation order intends to leave Japan at his/her own expenses, or if a foreign national is provisionally released for a certain duration but is detained again due to termination of such term, the alien will be reimbursed all of the guarantee deposit because if is not revocation of provisional release.