Revised Immigration Control and Refugee Recognition Act and Revised Residential Basic Book Act Amnesty International Japan 2-2-4F Kanda-NIshiki-cho, Chiyoda-ku Tokyo 101-0054 JAPAN TEL:+81-3-3518-6777 FAX:+81-3-3518-6778 23 March 2010 1. Overview The Revised Immigration Control and Refugee Recognition Act and Revised Residential Basic Book Act were approved by the regular session of the Japanese Diet (Parliament) in 15 July 2009 For more than 60 years Japan has had two different registration systems under the Immigration Control Act and the Alien Registration Act. Municipalities issue alien registration certificates (Gaikokujin Touroku-sho) in their cities, while the Immigration Bureau approves statuses of residence. Under the Alien Registration Act, even undocumented migrants have obligation to register to the local municipal office so that they are recognized as citizens 1. The revised Acts will fundamentally bring change to the current foreign residence control system. Under the new system, the Alien Registration Act will be abolished. The current alien registration certificate therefore will be replaced by newly introduced Zairyu Card (IC Residence Card) issued by the Immigration Bureau. Zairyu Card will be introduced within three years from 15 July 2009. Zairyu Card will be issued to a foreigner who is officially permitted to stay in Japan for longer than three months.(article 19-3-1). The foreigner must report his/her residence to the Immigration Bureau through municipality. The municipality registers him/her in its residential basic book. Foreigners, except special permanent residents, must always carry Zairyu Card, otherwise be penalized. Civil organizations raise several concerns on these revised acts. 1 In 1981 Supreme court ruled that article 3 of the Alien Registration Act is generally mandatory to all foreigners regardless of whether the person has entered into Japan illegally without valid passport or any other travel documents, and therefore is necessary and legitimate to accomplish an administrative purpose. The article 3 of the Alien Registration Act stipulates registration of foreign residents to municipalities. 1
2. System Overview Current System for foreign residents Alien Registration Act Immigration Control Act Municipality Ministry of Justice Registration certificate for foreign residents who stay in Japan for longer than 90 days Statuses of residence for foreign residents New System Revised Immigration Control Act Ministry of Justice The Immigration Bureau issues Zairyu Card (IC residence card) to a foreign resident who is officially permitted to stay in Japan for longer than three months. - A foreign resident must report a wide range of information to the regional immigration bureau or district immigration office within 14 days such as the name and address of the organization that he or she belongs to. - The reported organization must provide his or her information to the Immigration Bureau. Foreign residents who stay in Japan for three month or less and undocumented foreign residents including asylum seekers are excluded from Zairyu Card registration. Report on status of residence Report on information described on Zairyu card Revised Residential Basic Book Act Municipality Special permanent residents, foreign residents who are officially permitted to stay in Japan for longer than three months, and who have permission for provisional stay or landing permit for temporary refuge must register to the local residential basic book. Those who registered are applicable for public services provided by municipalities. The residential basic book does not cover foreign residents who stay in Japan for three months or less, undocumented foreign residents including asylum seekers. 2
3. New System and Undocumented Migrants 1) Undocumented migrants in Japan As of January 2010, some 90,000 overstayers reside in Japan while another 20,000 foreigners are said to have illegally entered. Such undocumented migrants include residents living in Japan for longer than 10 years, some with family, and asylum seekers in appeal process or judicial review after rejection. Because Japan does not employ amnesty system, they are permanently illegal unless they obtain special permission for residence or refugee status, and exposed to a risk of deportation. There is a structural problem with special permission for residence as it is determined by the Minister of Justice case by case and the criteria are not stipulated by law. Asylum process also has a problem of transparency. In practice so far, only a limited number of asylum seekers from a specific country (Myanmar) are recognized as refugees. 2) Revision of Acts to exclude undocumented migrants The Ministry of Justice (MOJ) underlines that Revised Immigration Act and the Revised Residential Basic Book Act aim at gathering the information of long-term foreign residents who are officially permitted to live in Japan in an integrated manner and improving services for them. Meanwhile, irregular migrants will become ineligible to hold the new Zairyu card and to register as a local citizen. Due to these measures, their illegality becomes visible, which may result in exclusion from social and administrative services. 3) Zairyu Card (IC alien registration certificate) The new card will no longer be issued to undocumented migrants. Under the new system, the Government tightens the control of foreigners who adequately reside in Japan for longer than 3 months by using the IC card and resident registration. Consequently undocumented migrants are picked out as they cannot have the new card. No alternative measures are taken into consideration by the Government as far as the card is concerned. In the conventional system, undocumented migrants can register to the local municipal office, so they are recognized as residents. All the migrants hold the foreign registration certificate which can be used as an ID card, though there is a small print No VISA status in red on the card. When the new act is put into operation (2012), it is expected that undocumented migrants without an ID card will face difficulties in daily life, such as opening a bank account, taking medical treatment, or renting a house. In addition, because undocumented people cannot present the new IC card when requested, they will be vulnerable to questioning by police or subjected to a report to the police or Immigration Bureau. The new act will put undocumented migrants at significant disadvantage more than ever before. 4) Resident registration Undocumented migrants will not be registered at municipal offices. In other words, they will become invisible to the administration despite living in the community. NGOs concern that they will be excluded from administrative services including education, maternal and child health, or emergency medical care. The Ministry of Health, Labor and Welfare stated that undocumented migrants will continue to receive administrative services as before. On the contrary to this view, there is a tendency toward exclusion of 3
undocumented people. Amnesty International Japan received an anonymous call that the director of a hospital for which she (the caller) worked had ordered the staff to refuse provision of medical treatment to illegal immigrants. More recently, a child of undocumented parents was rejected to transfer to a local elementary school in Gifu prefecture. Despite aid workers patient explanation on children s rights protected under international conventions, the board of education did not reverse their decision. Now that the Government sends clear message of exclusion of undocumented migrants, this kind of issues may reoccur. 5) Supplementary provisions Article 60 of the Supplementary Provisions of the Revised Immigration Control and Refugees Recognition Act Article 23 of the Supplementary Provisions of the Revised Residential Basic Book Act From the viewpoint of providing administrative services and ensuring smooth operation of the new act, the Diet approved to consider appropriate measure to control the residency records of undocumented people who are provisionally released under the Immigration Act Article 54 and have resided in Japan for certain period 2 from the date of provisional release. In response to this approval, the MOJ renewed guidelines of special permission for residence. However, the consideration is lagging and no outcome has been seen so far. Rather, harsher actions are taken after the revision. For instance, increased number of undocumented migrants including people in asylum process is detained. Also In some cases, one or both of parents are ordered deportation on the ground of his/her illegal entrance to Japan and the family is separated or only a child is left behind. The new guideline seems a measure to promote appearance and repatriation of undocumented people. NGOs concern that the new system marginalizes undocumented migrants and promotes climate of discrimination and exclusion in society. Undocumented people will face difficulties in both leading social life and accessing administrative services due to lack of residency registration and the Zairyu card. The new system jeopardizes the right to existence of undocumented migrants NGOs call on the Japanese Government to: - guarantee the basic human rights of all migrants including undocumented people. - register all migrants who reside in Japan for longer than 3 months as residents. - conduct proper assessment on each case. - halt the deportation that brings family separation and violates state obligation under International conventions. - grant amnesty for undocumented migrants who have formed the basis of their livelihood during their long stay in Japan and who have not violated a law without Immigration Act. 2 In a statement at the Diet, certain period means longer than three month. 4
4. Tighter reporting obligations and Cancellation of residential status under the revised Immigration Control Act Immigration Examination The Immigration Bureau issue Zairyu Cards(Residence Card) to foreigners officially permitted to stay in Japan for longer than three months. Change of address A foreigner must report to the municipality within 14 days. The municipality send the information to the Immigration Bureau. Change of name, nationality, date of birth and sex A foreigner must report to regional immigration bureau or district immigration office within 14 days. Change of organization (i.e. school) A foreigner with residential status of College Student or Trainee must report to the local Immigration Bureau within 14 days. Divorce or death of their spouses Foreigners with Spouse of Japanese National or Spouse of Permanent Resident residential status must report to the local Immigration Bureau within 14 days in the case of divorce, or death of their spouses. Foreign residents currently can report these changes to municipalities (1,787 municipalities and their brances. Under the revised Act they must go to the Immigration Bureau (76 regional immigration bureau or district immigration offices) A foreigner may face a criminal punishment under the revised Immigration Control Act, as well as a civil fine under the Revised Residential Basic Book Act. He or she also may be canceled status of residence if; - A foreigner did not report a change of address to the Immigration Bureau within 90 days, - A foreigner with Spouse of Japanese National or Spouse of Permanent Resident was regarded as inactive as a spouse for six months or longer. (e.g. due to separation,) * Victims of domestic violence may keep their residential status when they do not report the change of address in order to escape from their spouses (perpetrators). (Article 22, 4-1-9 legitimate reason for not reporting ) NGOs raise concerns that foreign residents would be sanctioned disproportionately for delayed report to the municipality or the Immigration Bureau, comparing to Japanese nationals. Cancellation of residential status may cause an enormous impact to daily life of foreign residents. They would also face immediate deportation by cancellation of the residential status. NGOs call on the Japanese government to: - delete new provisions that stipulates cancellation of residential status. - delete new provisions that stipulates criminal punishment. 5