If a suspect is determined to have violated the terms of their status of residence and if there are suitable grounds for deportation, the suspect will be detained by a detention order issued by the supervising immigration inspector of a Regional Immigration Services Bureau. However, this does not apply if there is suitable reason for the suspect to be subject to a departure order.
The following is an explanation of reminders for visitation procedures and giving gifts to a foreign national (hereinafter "detainee") who is detained in an immigration detention center or a detention center of a Regional Immigration Services Bureau through a detention order or deportation order.
Rules for visitors
Visits may be interrupted if a visitor violates any of the above rules.
Guidelines for giving gifts to foreign nationals under detention
In principle, visitors cannot bring the following items into the detention living space.
Food and drink may also be refused due to safety and health reasons. Please check with the detention facility regarding specific gifts.
This measure allows a detainee to receive a temporary suspension of their detention, by request or ex officio, and be released on a provisional basis.
Detention orders establish a detention period of "30 days (however, this may be extended beyond 30 days if the supervising immigration inspector acknowledges an unavoidable reason for such extension)." Detention through deportation orders establish a detention period of "until deportation is possible." However, the system of provisional release has been established to respond to cases when the detainee must be released on a provisional basis due to health issues or to prepare for departure.
The provisional release procedures are as follows:
Request for provisional release
Those who can request provisional release:
Established as the detainee, their representative, curator, spouse, direct relative, or sibling.
Where to request provisional release
If the detainee is detained in an immigration detention center, requests for release should be made to the head of the immigration detention center. If the detainee is being detained in the detention center of a Regional Immigration Services Bureau, such requests should instead be made to the supervising immigration inspector of the Regional Immigration Services Bureau at which the detainee is being detained.
If provisional release is granted upon request, a guarantor is required to take in the detainee during provisional release and ensure that the detainee complies with laws and ordinances pertaining to their release.
Documents to be submitted
In addition to the provisional release permission request form, documents verifying the reason for the provisional release request and documents related to the guarantor are required. For details, please contact the immigration detention center or the Regional Immigration Services Bureau to which the provisional release request will be made.
Permission for provisional release
In the case of a provisional release request, the head of the immigration detention center or the supervising immigration inspector will determine whether the detainee can receive a provisional release with consideration for their individual circumstances, the basis given for their provisional release request, their personality, and personal assets.
If provisional release is approved, the head of the immigration detention center or the supervising immigration inspector will set terms for the permission of provisional release, including a bond of up to three million yen, geographical restrictions on living and movement, the obligation to appear if called, and other conditions determined as necessary.
In cases deemed suitable by the head of the immigration detention center or the supervising immigration inspector, this bond can be posted by a person other than the detainee with submission of a written guarantee. The written guarantee must include the bond amount and a vow to pay this amount whenever requested.
Revocation of provisional release
Reasons for revocation
The head of the immigration detention center or the supervising immigration inspector can revoke a provisional release if the foreign national who received permission for provisional release (1) flees, (2) acts in a manner which can be taken as reasonable indication of intent to flee, (3) does not appear when requested without an appropriate reason, or (4) violates the conditions of the provisional release.
If provisional release permissions are revoked, the person who received the provisional release shall be once again detained by detention order or deportation order in an immigration detention center, detention center of a Regional Immigration Services Bureau, or other site designated by the Minister of Justice or the supervising immigration inspector delegated with this responsibility.
Forfeiture of bond
If the provisional release is revoked, the bond acquired at the time of the provisional release shall be forfeited. Depending on circumstances, the bond will be forfeited either partially or in entirety. The entire amount will be forfeited in the case of (1) or (3) in "Reasons for revocation" above. Revocation due to other reasons will result in a partial forfeiture. In this case, the monetary sum shall be decided by the head of the immigration detention center or the supervising immigration inspector.
If those detained due to a deportation order voluntarily depart at their expense during provisional release, or if they are once again detained due to the expiration of the provisional release permission period, this will not be considered equivalent to a revocation of the provisional release, and the entire bond amount will be returned.