Investigation into violations and appearance at immigration office

1. Investigation into violations

The first stage of deportation procedures is an investigation into the individual's violations. This is carried out by an immigration control officer on a foreign national thought to fall under grounds for deportation (provided in Immigration Control Act, Article 24).

2. Appearance at a Regional Immigration Services Bureau

  1. Similar to surrender in a criminal procedure, in an appearance at an immigration office, the foreign national who falls under the grounds for deportation (Immigration Control Act, Article 24) makes an appearance in person at a Regional Immigration Services Bureau and declares the charges against them.
  2. At the appearance, the foreign national may either: declare the charges, accept the deportation procedure, and return home as soon as possible; or declare the charges but express their wish to continue to reside in Japan. If the foreign national wishes to return home as soon as possible, once a series of deportation procedures are completed and the deportation requirements (such as passport and airplane ticket) are in order, the foreign national is promptly deported to the destination country. If certain conditions are met, foreign nationals who overstay their authorized period of stay are subject not to deportation, but to a departure order.
  3. If the foreign national wishes to reside in Japan for some reason, they may express specific reasons for their desire to live in Japan during the deportation procedure. Whether residence in Japan is specially allowed is ultimately determined in a ruling by the Minister of Justice after a multi-level investigation into violations and a hearing. The documents a foreign national needs to submit differ depending on their reason for wishing to reside in Japan. To find out what documents are required, the foreign national should make an appearance at their nearest Regional Immigration Services Bureau.
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