Latest news with #ImmigrationControlandRefugeeRecognitionAct
Tokyo Reported
9 hours ago
- Tokyo Reported
Saitama paper company exec illegally hired ‘cheap' foreigners
SAITAMA (TR) – Saitama Prefectural Police on Tuesday announced the arrest of a male executive from a paper company located in Saitama City over alleged illegal hiring of foreign staff, reports the Saitama Shimbun (Aug. 13). The 72-year-old executive from paper processing company JT Paper Co., Ltd. allegedly employing five Indonesian men who were in Japan illegally for overstaying the periods allowed on their visas at the company's factory between March 2021 and June of this year. Upon his arrest on suspicion of violating the Immigration Control and Refugee Recognition Act regarding aiding and abetting illegal employment, the executive admitted to the allegations. 'The company's business was tough, so we hired illegal foreign nationals who could be hired cheaply,' he said. According to the police, an Indonesian man who had been working illegally at the company was arrested on suspicion of violating the Immigration Control and Refugee Recognition Act in February of this year when he was stopped by police on the street in Minami Ward, Saitama City. Subsequent investigations revealed that other Indonesians were also working illegally at the company of the executive.
The Mainichi
25-07-2025
- The Mainichi
Japanese woman suspected of requesting English exam score forgery 'wanted to work overseas'
TOKYO -- The International Crime Division of the Metropolitan Police Department (MPD) on July 24 referred a 39-year-old woman to prosecutors on accusations she had requested a faked English language skills certificate. The woman, a company worker from the central Japan city of Kanazawa, is accused of violating the counterfeiting of private documents law after allegedly seeking a faked certificate showing a high achievement on the Test of English for International Communication (TOEIC) exam. She works for a large firm and has reportedly admitted to the allegations, saying that she wished to work overseas at some point. Two Chinese nationals, who are unemployed and live in Tokyo's Ota Ward, are alleged to have forged the certificate. The pair were previously charged with violating the Immigration Control and Refugee Recognition Act, and they were sent to prosecutors again for alleged document forgery. The home building of both defendants allegedly contained data for approximately 10,000 forged documents, including the credentials of doctors and building lot traders, and the police are investigating the case within a scope of systematic forgery. The woman allegedly conspired to forge one official certificate with a TOEIC score in the high 800s at both defendants' home building on April 7-8. The MPD has attached a "severe penalty" opinion for prosecution. According to the MPD, the woman had previously scored in the high 800s on the 990-point TOEIC, but when she took the test in Tokyo this March, her score was in the 600s. Shortly afterward, she found a Japanese-language website that offered a certificate forgery service and requested a counterfeit certificate. She reportedly paid a total of 160,000 yen (about $1,085) on April 4 and 5 to the forgers. Both defendants had been arrested and indicted on suspicion of forging residence cards for foreigners, which they are believed to have been instructed by another party to carry out. At least one counterfeit certificate found in a search of their home reportedly had the woman's name and photo printed on it. In addition, data on forged documents such as financial planner level 1 qualification certificates and student ID cards were also found. Many of the documents were in Chinese names, but there were also 400-500 documents in Japanese names.
The Mainichi
24-07-2025
- The Mainichi
Without intent but facing deportation: Japan immigration law's inexplicable provision
One day a foreign woman living in Japan suddenly received a visit from a police officer at her workplace. She had come under suspicion of aiding the illegal work of a Vietnamese man. The woman herself had come to Japan to work, but she had no recollection of ever having helped someone work illegally, and half a year later, the criminal charges were dropped. Despite this, immigration authorities launched an investigation of their own. It was during this process that she discovered a puzzling provision in Japan's immigration control act. Immigration authorities told her she was subject to deportation, maintaining that she could be deported even without negligence or intent on her part. The woman arrived in Japan from an Asian country in February 2020, and her status of residence was "Engineer/Specialist in Humanities/International Services." She began working for a job dispatch company in the Kansai area. Her job involved acting as a liaison between other foreign workers and their employers. She communicated client requests to registered foreign workers and conducted interviews with job applicants. Shown two photos shown by police officers In July 2021, two Osaka Prefectural Police officers visited the woman's workplace and showed her two photographs. She recognized the man in the first photo as a Vietnamese individual she had interviewed two months earlier. He supposedly had a student visa. However, the police claimed that the second photo showed the real person. "(The Vietnamese individual) was impersonating someone else," they said. The woman was accused of violating the Immigration Control and Refugee Recognition Act by facilitating illegal employment. The specific activities foreign residents in Japan can engage in depend on their visa status. If a person works under false pretenses regarding their status of residence, they can be charged with working illegally in the country. Those who facilitate illegal work can also be imprisoned or fined on a charge of encouraging such activity, though there must be a willful act or negligence to warrant criminal charges. According to the police, the Vietnamese man's status of residence was technical training, not study, and he had disappeared from his place of training. During her interview with the Vietnamese man, the woman had used an app recommended by the Immigration Services Agency to verify the residency card he presented. Based on the information stored on the card's IC chip, it is possible to tell if the card has been forged, but the check found no problems. She also compared the photo on the card with the man's face. At the time, everyone in Japan wore masks due to the COVID-19 pandemic, and the Vietnamese man was masked as well, so she did not doubt that he was the person in the photo. In actual fact, however, the Vietnamese man had borrowed the card from a student friend and shown the woman the borrowed card. During police questioning, the woman carefully explained the interview process, and stressed that she had been deceived. Police still sent documents on her to public prosecutors, but in December 2021 prosecutors decided not to indict her. Immigration authorities' response It was in May 2022, when the woman believed the situation had been resolved, that she received a call at work from an immigration officer. "We'd like to have a word with you," the officer said, asking to interview her. The questions fired at her were harsh: "Why didn't you make him remove his mask?" "Did you receive interview training from the company?" The woman gave the same explanation she gave to the police, but immigration officials weren't satisfied. In October 2023, during a fourth round of questioning, an immigration officer handed the woman a piece of paper informing her that she would be subject to forced deportation. It was also found that she had abetted illegal employment. On the train ride home from the immigration facility, the woman felt as if the people and sounds around her had disappeared. She was overwhelmed by loneliness and a sense of helplessness. Why were immigration authorities able to impose such a harsh penalty? The background lies in a 2009 amendment to the Immigration Control and Refugee Recognition Act. Deportation even without negligence or intent The immigration law amendment, which aimed to strengthen regulations against illegal employment, added "promotion of illegal work," among other acts, as being subject to deportation, separate from the criminal offense of abetting illegal work. Complicating matters was the fact that the criminal offense requires "intent or negligence," while under the government's interpretation "neither intent nor negligence" is required for deportation. For example, if a foreign business owner employs or introduces a foreigner in an illegal employment situation, they can be subject to deportation regardless of intent or negligence. In April 2024, the woman filed a lawsuit raising an issue with the government's interpretation that negligence was unnecessary. "With the current interpretation of the regulations, anyone could suddenly be expelled from the country," she argued, asking the court to annul the finding by the government that her actions constituted abetting illegal employment. However, a ruling in the Tokyo District Court in March 2025 fully supported the government's claim that "negligence is not required" based on the system's objectives and dismissed the woman's claim. The woman's side appealed, and a high court ruling is slated for July 24. The dispatch company where the woman works has fully supported her employment and her lawsuit, and the woman asserts, "I have just worked diligently." Her lawyer, Daisuke Matsumura, said he hoped to raise awareness of the "flaws" in the immigration control law through the trial. "Are the current circumstances acceptable while the government is about to expand its acceptance of foreign workers? People will be frightened and be unable to work in Japan," he asserted. According to immigration statistics, deportation orders are issued to around 10 to 30 people annually for encouraging illegal employment. In response to an inquiry from the Mainichi Shimbun, the Immigration Services Agency commented, "From the perspective of maintaining social order, negligence is considered unnecessary." Expert says legal revisions should be considered Yukio Okitsu, a professor of administrative law at Kobe University, pointed out problems with the current system, stating, "The aim of deportation may be to eliminate causes of social disorder, but I don't believe that deporting those who have not been negligent would have a deterrent effect." Criminal penalties aimed at punishing individuals assume personal responsibility and a precondition for charging them is ascertaining intent or negligence. In contrast, administrative sanctions aim to correct or deter violations and it is said that in general, intent or negligence are not necessarily considered. However, deportation resets personal relationships and the person's living base in Japan, forcibly moving the foreigner out of the country. "The disadvantages are enormous. Applying the measure even in cases without negligence is too severe. Legal revisions should be considered," Okitsu says.
Japan Today
29-06-2025
- Business
- Japan Today
Can your company report you to immigration if you quit in Japan?
By Masayoshi Sakamoto For many foreign workers and English teachers in Japan, the fear of upsetting your company or being reported to immigration can be enough to keep you from quitting, even in a bad situation. Particularly, so-called 'black companies' (ブラック企業, burakku kigyo) may try to exploit this fear by threatening to cancel your visa or report you to immigration. But can your company report you to immigration if you quit in Japan? While companies do have legal reporting obligations, they cannot cancel your visa themselves. Only the Immigration Services Agency of Japan (出入国在留管理庁, Shutsunyikoku Zairyu Kanricho) has that authority, and strict rules govern when and how your status of residence can be revoked. This article explains what your employer can and can't do, what the law actually says and how you can protect yourself. And if you're ready to start the next chapter today, browse verified, foreigner-friendly listings on GaijinPot Jobs. Employers Must Report—But It's Not Always Bad Reporting Doesn't Mean You'll Be Deported What If You Don't Find a Job Within 3 Months? Breaking the Rules is When It Gets Risky Threats May Violate Several Labor and Civil Laws Resources and Help Employers Must Report — But It's Not Always Bad If you're employed in Japan under a work visa (excluding Diplomatic or Official visas), your employer is required to report your hiring or resignation to Hello Work (Japan's public employment office). This includes your name, visa type, and period of stay. This obligation comes from the [Act on Comprehensively Advancing Labor Measures]( 'If an employer newly hires a foreign national or if a foreign national employed by an employer separates from employment, the employer must… confirm the foreign national's name, status of residence… and notify the Minister of Health, Labour and Welfare thereof.' This law applies regardless of the reason for quitting—whether it's friendly or due to conflict. Employers are required to report, even if they don't feel like it or even if they're upset. It's not about revenge. It's the law. Reporting Doesn't Mean You'll Be Deported Even if your former employer notifies Hello Work or immigration, that alone doesn't mean your visa will be canceled or you'll be deported. According to Article 19 of the Immigration Control and Refugee Recognition Act, you must report to immigration within 14 days of leaving your job or starting a new one. Article 22 says your visa may be canceled if you're not working (or actively job hunting) for three months or more without a good reason: 'A person residing with a work visa who has not engaged in permitted activities for three months or more… may have their status revoked.' So, you generally have: 14 days to notify immigration of any job changes Three months to find new work (or show you're trying) before any visa risk What If You Don't Find a Job Within 3 Months? If you don't find a new job within three months, immigration will not cancel your visa right away. Before any cancellation, they'll send a written notice asking you to come in. If you show up, you'll be able to explain your situation and provide proof (like job applications or interviews). If you ignore the notice without a valid reason, your visa may be revoked without further discussion. In serious cases, deportation can follow. In milder cases, you may be given up to 30 days to prepare to leave Japan. However, if you get hired again under the conditions of your original visa, even within those three months, your visa remains valid. Even if you haven't found work yet, immigration may allow you to stay longer if you're actively looking and can prove it. Breaking the Rules is When It Gets Risky Here are the main things to avoid: Click here to read more. External Link © GaijinPot
The Mainichi
08-06-2025
- Politics
- The Mainichi
Driven by war, persecution, asylum seekers in Japan still far from securing freedom
TOKYO -- While refugee applicants in Japan who have been ordered deported can apply for "provisional release" from detention, they are not allowed to travel across prefectural borders nor can they join the national health insurance system or work in the country. According to the Immigration Services Agency of Japan, there were 12,373 people who applied for refugee status in this country in 2024, of which only 190 were granted it. This reporter followed people on provisional release while they waited for, with a glimmer of hope, recognition as refugees. Ruby (a pseudonym), an asylum seeker from Sri Lanka, is on temporary release after arriving in Japan in 2002. He served as a bodyguard for a key figure of a political party he supported in his country, but was attacked by an adversary force while traveling by bus to work as a guard in 1996, and underwent surgery on his right arm for gunshot wounds. Sensing his life was in danger, he sought refuge in Japan. He is hoping to continue staying here, saying the force that assaulted him is still in operation in his country. Under the revised Immigration Control and Refugee Recognition Act that came into effect in June 2024, foreign nationals can apply for refugee status no more than twice in principle. Deportation is suspended during refugee recognition procedures. As Ruby's third refugee application was not granted, he could be deported anytime. He has moved from Arrupe Refugee Center, a shelter in Kamakura, Kanagawa Prefecture, where he lived for five years, to a welfare facility in the Tokyo suburban city of Machida. Once every month, he turns up at the Tokyo Regional Immigration Services Bureau in the capital's Minato Ward to go thorough procedures for renewing his provisional release status, but due to fears of possible deportation at the time, he is losing sleep night after night. Odanibe Ovie Lucky, a 49-year-old Nigerian man applying for refugee status for a third time, is also living in fear of deportation. After participating in an antigovernment rally in Nigeria, he left the country in 2000. He currently lives in Japan with his 47-year-old Japanese wife. The couple met in 2016, when Lucky spoke to her at a park in the Ikebukuro district of Tokyo. As his wife had never been abroad, her first impression of him was "scary." But after talking with him, she was attracted by his kind and cheerful nature, and found herself going out with him. In March 2017, Lucky was detained at an immigration facility. "I want to support him steadily," she thought, and filed a marriage report on her own that May. Although her husband was released in December, she developed depression due to fears that he could be detained again, leaving them separated. While the wife is on welfare, it is difficult to cover the living expenses for the two of them. "We've been married for eight years. She's been with me no matter how hard a time I was going through. I want to make her feel at ease, even if only a little. I've got no other choice but to keep appealing (for my asylum) without giving up," Lucky told the Mainichi Shimbun. A Yugoslavian asylum seeker, Florim, 55, is living in Arrupe Refugee Center while on provisional release and waiting for his second refugee application, which he filed in 2019, to be accepted. Florim had his parents killed in front of him during the civil war in Yugoslavia. As if driven away, he moved from one country to another, including Hungary, Poland, Germany and the Netherlands. Desiring to live outside Europe to avoid coming across former Yugoslavia citizens, he decided to settle in Japan in 2000 when he was 29. Amid the chaos, Florim wasn't carrying a passport with him and was detained at Narita Airport for allegedly using a fake passport upon entry. He was kept in detention at an immigration facility until 2009, and developed post-traumatic stress disorder there. Later at a house in Matsudo, Chiba Prefecture, that was arranged for him by a refugee support group, Florim got into a panic at night and attempted to take his own life. With no certificate of his origin, and not knowing which country he belongs to following the breakup of former Yugoslavia, he remains stateless. He continues to undergo treatment for PTSD in Japan. As he was an Albanian resident, he is terrified that he may not be able to receive proper treatment if he returns home. After spending many years in Japan, he has a trusted partner but cannot marry due to his own statelessness. "I have no country to go back to, and the evil effects of the civil war still linger on. I hope Japan will be my last country to live in, and want to experience a free life here," he told the Mainichi, as he wishes for his refugee application to be granted. Mimi (a pseudonym), a Myanmarese woman who came to Japan over a decade ago, lived in Arrupe Refugee Center around the same time as Ruby. She was subsequently given a residency status for specified activities in June 2022 after spending some time on provisional release. She currently works as a full-time caregiver at a welfare facility in Kamakura. Affectionately called "Mimi-chan" by colleagues and users at the facility, she is known as a mood maker and for lively expressions on her face. She recalls that the best moment was when an employee told her, "You're one of our staff members." She questioned, "I don't understand why the (government) response is different when Ruby is a fellow refugee. I want them to at least abolish provisional release and create a system allowing asylum seekers to work. If they can live independently, they can also pay taxes." (Japanese original by Yuki Miyatake, Photo and Video Department)
