Photo/Illutration People protest the bill to revise the Immigration Control and Refugee Recognition Law in Osaka on Feb. 23. (Takuya Asakura)

The Cabinet on March 7 approved a highly contentious bill that is designed to accelerate deportations of foreign nationals illegally staying in Japan and deal with the problem of prolonged detentions.

The government has said the bill to revise the Immigration Control and Refugee Recognition Law is needed because many foreign nationals are abusing the current system on seeking refugee status here.

Asylum seekers can remain in Japan while their applications are being checked. But the current law has no restrictions on the number of times a person can apply for refugee status.

The Immigration Services Agency said repeated applications have led to prolonged detainment periods and crowded detention centers.

The number of foreigners who have refused deportation orders and remain in Japan exceeds 3,000, the agency said.

The bill contains elements of legislation that was scrapped in 2021.

It stipulates that individuals can be deported after two rejections of their applications, except in extraordinary cases.

The bill also says that those convicted of crimes and sentenced to three years or more in prison will not be allowed to remain in Japan.

The revision bill has drawn criticism from supporters of refugees. They say that people in need of protection will be deported, likely to areas where their lives will be in danger.

ALTERNATIVES TO INCARCERATION

Under the revised law, a system will be established to penalize individuals who obstruct deportation orders by, for example, creating a ruckus on planes.

On the other hand, those who promptly return voluntarily to their home countries can re-enter Japan after a reduced minimum period.

The period for them will be one year, compared with the current five-year ban on re-entry.

The current law stipulates that, in principle, individuals must be incarcerated until their deportation.

But to eliminate prolonged detention periods, the bill would allow them to stay under the supervision of custodians during procedures leading to deportation.

Authorities will decide whether individuals will be detained at a state facility or placed under custodian oversight on a case-by case basis, taking into account certain factors, such as whether they might flee.

Cases involving incarceration will be reviewed every three months to consider if custodian oversight would be more appropriate.

FAILURE TO MEET INTERNATIONAL STANDARDS

The bill also introduces a complementary protection system, enabling those who flee from conflict to receive the same treatment afforded to refugees, such as being granted resident status.

The agency expects evacuees from Ukraine, who are not considered refugees under the 1951 Refugee Convention, to be subject to the new system.

The previous revision bill was submitted to the ordinary Diet session in 2021.

It included restrictions on the number of applications for refugee status, drawing criticism from both at home and abroad.

Critics said the proposed changes did not meet international human rights standards.

The rate of Japan’s refugee status recognition is 1 percent, abysmally low compared with the percentages of Western countries.

The immigration system came under further fire after Wishma Sandamali, 33, a Sri Lankan woman who overstayed her visa, died in March 2021 following months of detention at a state facility in Nagoya.

The bill was scrapped when the Lower House was dissolved in autumn that year.

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