Tokyo Report|Society|East Asia
Tokyo has long been criticized for restrictive immigration policy. Can it change?
By
March 12, 2021
During the current ordinary session of the Diet, the Japanese government plans to revise the Immigration Control and Refugee Recognition Act in order to prevent the long-term detention of foreign nationals. To this end, a cabinet decision to revise the legislation was made on February 19, 2021.
The revision of the legislation was influenced by domestic and international criticism against Japan’s immigration and refugee policy. In September 2020, the United Nations Human Rights Council Working Group on Arbitrary Detention issued a report of opinions that the long-term detention of asylum seekers in Japan should be improved in accordance with the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Indeed, quite a few foreign nationals have repeatedly applied for refugee status so that they could stay in Japan during the multiple recognition processes, causing lengthy detentions.
In order to rectify the system, the Japanese government decided to limit the number of times one can apply for refugee status. In theory, such a measure would shorten detention period and facilitate earlier deportation. Moreover, the new legislation could enable detainees to live outside of a detention center under supervision of an authorized individual or organization. Notably, the legislation would allow those who cannot return their home countries, due to conflicts, to stay in Japan, which is a meaningful change.
On the other hand, it was reported that the government-drafted legislation contains a number of controversial provisions, too. For instance, the legislation would enable the government to deport detainees after a third application, unless proper reasons and evidence for refugee status are provided. Moreover, the authorities will be allowed to levy criminal penalties on those who refuse deportation orders. Although the revised legislation would allow detainees to live outside of detention centers under supervision, those who flee would be legally punished by penalties, such as an imprisonment of up to one year, a maximum fine of 200,000 yen ($1,900), or both. Thus, the content of the revised legislation demonstrates that Japan’s immigration and refugee policy could remain strict.
The refugee recognition rate in Japan has been less than 1 percent, due to the thorough screening process.
The history of Japan’s immigration and refugee policy dates back to the 1917 Russian Revolution. At that time, asylum seekers from Russia fled to Japan. The Empire of Japan did not recognize them as refugees, but many, including Fyodor Morozoff, were allowed to stay in Japan. At the end of the 1930s, many Jewish people being persecuted in Europe by Nazi Germany sought escape. Jewish asylum seekers fled to Japan with transit visas issued by a Japanese diplomat, Sugihara Chiune, but they were not given refugee status upon arriving in Japan. After the end of World War II, the United Nations Convention Relating to the Status of Refugees (the Refugee Convention) was adopted in July 1951. The Japanese government enacted its Immigration Control and Refugee Recognition Act in October that same year. In 1967, the Protocol Relating to the Status of Refugees (Refugee Protocol) entered into force.
In 1975, Vietnamese asylum seekers arrived in Japan, and in 1978, the Japanese government formulated its refugee policy to accept refugees from Vietnam, Laos, and Cambodia. In 1981, the Japanese government signed the 1951 Refugee Convention as well as the 1967 Refugee Protocol, and revised its domestic legislation. In 2002, it was broadcasted on TV that North Koreans had sought asylum in the Japanese Consulate General in Shenyang, but their attempt ended in failure. In 2004, the Immigration Control and Refugee Recognition Act was revised, and a provisional stay system and panel of refugee examination councilors was introduced in Japan. In 2010, the Japanese government initiated its third country resettlement (refugee resettlement) program, although its contribution is considerably limited. In 2016, then-Prime Minister Abe Shinzo announced a plan that the government would accept Syrians as students in Japan. In academia, some experts have suggested Japan’s future identity as a “migration state,” predicting the emergence of a reformed national immigration policy.
A shift in Japan’s immigration policy did occur under the Abe administration. In April 2019, the government decided to accept low-skilled and semi-skilled foreign workers under a specified skills visa program as a measure against labor shortages in Japan. In the program, some specified skilled workers (Category I) are allowed to stay and work in Japan for up to five years unaccompanied by their family members, and other specified skilled workers (Category II) are able to extend the duration of their stay in Japan. Under the amended legislation, the government planned to accept 345,000 foreign workers in five years. This was regarded as a critical policy shift in Japan’s immigration policy, yet some Japanese people were worried about the deterioration of social order as well as an increase in crime rate due to the influx of immigrants. Abe explained that “it was not an immigration policy that has everyone so worried,” and the acceptance of specified skilled workers remains limited. As a recent public opinion survey indicates, the Japanese public has mixed feelings toward the government’s policy on permanent residency for foreign nationals.
Non-Japanese nationals who overstayed their visas in Japan and receive a deportation order are supposed to leave Japan or to be sent to a detention center. It has been reported that most foreign nationals who receive deportation orders do leave Japan, but those who have family in Japan and those who fear that their safety would be threatened in their home countries refuse to be deported. In such cases, the duration of detention tends to be prolonged, causing inhumane situations in detention centers.
In June 2019, a Nigerian man passed away in a detention center in Nagasaki prefecture as a result of a hunger strike to protest against his lengthy detention of more than three years. The Nigerian man received a deportation order after serving time in a prison for a criminal offense. He asked for provisional release, claiming that he had right to stay in Japan as he had married a Japanese women, although the marriage ended in divorce, and had children. The death of the Nigerian man caused domestic and international criticism against the lengthy detention and the monitoring system in Japan.
The coronavirus pandemic has further aggravated the health conditions of detention centers in Japan. In April 2020, the Japan Federation of Bar Associations issued a statement calling for the prompt release of detainees to prevent the spread of infection. The detention facilities released more than half of their detainees as a measure against the spread of the coronavirus, but in August 2020, a detainee at the Tokyo Regional Immigration Services Bureau located in Tokyo’s Minato Ward tested positive for COVID-19. In March 2021, it came to light that more than 50 detainees at a detention center in Shinagawa in Tokyo tested positive for the virus, which can be regarded as a cluster infection. The Suga government therefore needs to take the influence of the COVID-19 pandemic in detention centers into deeper consideration.
In comparison with other countries, the refugee acceptance rate in Japan is one of the lowest. In 2019, Japan recognized only 44 foreign nationals as refugees (0.4 percent of all applicants), whereas the United States accepted 44,614 refugees (29.6 percent) and Germany accepted 53,973 refugees (25.9 percent). Globally speaking, as a host nation of the Tokyo Olympics and Paralympics, the international community is becoming more and more interested in Japan’s immigration and refugee policy as well as its policy toward human rights.
In order to protect human rights of foreign nationals in Japan, it is essential for Japanese politicians and bureaucrats to remember and respect the Constitution of Japan as well as international law. Article 97 of the constitution stipulates: “The fundamental human rights by this Constitution guaranteed to the people of Japan are fruits of the age-old struggle of man to be free.” Furthermore, Article 14 of the Universal Declaration of Human Rights reads: “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” In the name of the supreme law of the nation, Japan is expected to change its immigration and refugee policy for the better and to faithfully observe the related international human rights law, especially the principle of non-refoulement, which guarantees “no one should be returned to a country where they would face torture, cruel, inhumane, or degrading treatment or punishment and other irreparable harm.”
FAQs
How strict is Japan's immigration policy? ›
The Japanese public appears largely to support a tough approach to refugees, with only 18 percent of respondents to an immigration and refugees survey agreeing that refugees could successfully integrate into their country. In short, Japan is one of the world's least friendly nations for asylum seekers.
Does Japan accept refugees? ›Since 1982, when Japan enacted its laws to accept refugees, 87,892 people have applied for refugee status, and just 915 have been accepted, according to the immigration agency. In 2021, Japan granted 74 applicants refugee status.
How does Japan feel about immigration? ›Cross-national public opinion surveys have shown that many Japanese people are relatively positive about having immigrants in the country, compared with respondents in other countries, saying that it would increase cultural diversity and revitalize society.
How many refugees did Japan accept? ›In the late 1970's post the Vietnam War, Japan took in over 10,000 refugees widely known as the 'Boat people' from the 3 countries in Indochina (refugees who fled from Vietnam, Laos, and Cambodia).
Why is it so hard to immigrate to Japan? ›Japan has made it difficult for foreigners to settle in the country. It has imposed complex tax structures, like a steep inheritance tax that applies to even short-term foreign residents, that force some to question whether they should reside in Japan for longer than a decade.
What country has the strictest immigration laws? ›- Bhutan.
- China.
- Japan.
- Switzerland.
- Denmark.
- Liechtenstein.
- Vatican City.
- North Korea.
In 2021, the number of people given refugee status or granted special residence for humanitarian reasons in Japan reached new record highs, although the country still accepts few refugees compared to others in the Group of Seven.
How many immigrants does Japan accept per year? ›...
Refugees and asylum seekers.
| Year | Total number of asylum applications received | Total number of asylum applications approved |
|---|---|---|
| 2015 | 7,686 | 27 |
| 2016 | 10,901 | 28 |
| 2017 | 19,628 | 20 |
There are many pros and cons to living in Japan and expats can feel overwhelmed with the list of dos and don'ts. Luckily, Japanese society is very welcoming of foreigners and forgiving should you commit a faux pas.
Why did Japanese immigrants leave Japan? ›Japanese immigrants began their journey to the United States in search of peace and prosperity, leaving an unstable homeland for a life of hard work and the chance to provide a better future for their children.
Is it possible to immigrate to Japan? ›
Foreign residents, who have shown good conduct and have sufficient assets or ability to make an independent living, can be granted permanent residence if they reside in Japan for a certain number of consecutive years.
Why do people move to Japan? ›There are many thriving industries in Japan. Employment opportunities in Japan are available in high tech industries. You can find a job in robotics and also in finance and tourism. Also, English speakers and English language teachers are often in demand.
Where do most refugees in Japan come from? ›2,413 asylum applications by refugees were received in 2021 in Japan — according to UNHCR. Most of them came from persons with unknown origin, Afghanistan and from China. A total of 3,691 decisions have been made on initial applications. Around 2% of them were answered positively.
How long can a refugee stay in Japan? ›3. Refugee Travel Document validity period. The validity period of a Refugee Travel Document is one year. Departure from and entry into Japan may be made as many times as desired within the validity period.
How many refugees live in Japan? ›Recent figures for the number of refugees accepted in Japan are strikingly low. As of December 2019, there were 1,732 refugees registered in Japan (including 1,000 from Myanmar and 732 from other countries).
Is Japan easy to migrate? ›The process of moving to Japan is easy as long as you are prepared. In general, expats can move most household goods into the country without a problem.
Is it hard to live in Japan as a foreigner? ›Living in Japan is very comfortable, but it will not be easy for you to feel like home. One of the aspects that struck me the most when I first arrived in Japan was that, unlike in Spain, in Japan people talk very little (or almost nothing) about controversial issues such as politics, religion or taxes.
What is the easiest country to immigrate to? ›- New Zealand.
- Australia.
- Spain.
- Paraguay.
- Germany.
- Montenegro.
- Czechia.
- Thailand.
| Citizenship refused entry (by state) | States refusing entry |
|---|---|
| Abkhazia | All except: Russia Transnistria Artsakh South Ossetia Nicaragua Venezuela Nauru Syria |
| Armenia | Azerbaijan |
| Artsakh | All except: Transnistria Abkhazia South Ossetia Armenia |
| Bangladesh | Iraq |
Japan. Japan has the longest process to provide citizenship to any foreigner. If you want to have citizenship in japan, you must have lived in the country for about 5 years and taken permission from the Justice Minister. It requires lots of paperwork and a long process of around 6-12 months.
Which country is better for immigration? ›
Bolstered by a strong economy and favorable perceptions of the quality of life the country offers, Canada ranks No. 1 in a 2018 U.S. News analysis of the Best Countries to Be an Immigrant.
Is Japan accepting Ukrainian refugees? ›Japan has taken in hundreds of Ukrainians fleeing Russia. Japan's embrace of the Ukrainians contrasts with the less than 1% of refugees from other nations that Tokyo has recently accepted. A MARTINEZ, HOST: Millions of Ukrainians fled their country once Russia invaded.
Can I change my refugee status in Japan? ›You can change your visa status from a designated activities visa status (refugee application) to others if you satisfy the requirements.
What happens to refugees after 5 years? ›After five years, he or she can apply for Refugee settlement: Indefinite Leave to Remain. A person with Humanitarian Protection has also fled their country because they are at risk of serious harm. He or she will be granted five years' leave to remain.
Which country has the most immigrants? ›The United States is home to the highest number of immigrants in the world. An estimated 50.6 million people in the United States—a bit more than 15% of the total population of 331.4 million—were born in a foreign country. The number of immigrants in the U.S. has increased by at least 400% since 1965.
How many foreigners are moving to Japan? ›...
Number of registered foreign residents living in Japan from 2011 to 2020 (in millions)
China, Viet Nam and the Philippines were the top three nationalities of newcomers in 2017. Among the top 15 countries of origin, Viet Nam registered the biggest increase (21 000) and the United States the largest decrease (-200) in flows to Japan compared to the previous year.
Can you marry a 16 year old in Japan? ›Article 731 to 737 of the Japanese Civil Code stipulates the following requirements: The male partner must be 18 years of age or older and the female partner must be 18 years of age or older. A person who is under 18 years of age cannot get married in Japan without a parent's approval.
Is Japan good country to live? ›What's more, while Japan features on the 32nd place overall, it still is the best country in the world for health, grabbing the top spot largely as a result of the high life expectancy of its people, at an average 84.4 years.
What do Japanese people think of foreigners? ›While 31% said Japan "should actively accept" foreign workers, 50% said "I don't like it, but it can't be helped." The younger generation seems more open to foreign workers, with 48% responding that Japan "should actively accept" them.
Is Japan welcoming to foreigners? ›
There are many pros and cons to living in Japan and expats can feel overwhelmed with the list of dos and don'ts. Luckily, Japanese society is very welcoming of foreigners and forgiving should you commit a faux pas.
Is it possible to immigrate to Japan? ›Foreign residents, who have shown good conduct and have sufficient assets or ability to make an independent living, can be granted permanent residence if they reside in Japan for a certain number of consecutive years.
How many immigrants does Japan accept per year? ›...
Refugees and asylum seekers.
| Year | Total number of asylum applications received | Total number of asylum applications approved |
|---|---|---|
| 2015 | 7,686 | 27 |
| 2016 | 10,901 | 28 |
| 2017 | 19,628 | 20 |
The net migration rate for Japan in 2021 was 0.534 per 1000 population, a 1.84% decline from 2020. The net migration rate for Japan in 2020 was 0.544 per 1000 population, a 1.63% decline from 2019. The net migration rate for Japan in 2019 was 0.553 per 1000 population, a 1.6% decline from 2018.
Can you marry a 16 year old in Japan? ›Article 731 to 737 of the Japanese Civil Code stipulates the following requirements: The male partner must be 18 years of age or older and the female partner must be 18 years of age or older. A person who is under 18 years of age cannot get married in Japan without a parent's approval.
Is Japan good country to live? ›What's more, while Japan features on the 32nd place overall, it still is the best country in the world for health, grabbing the top spot largely as a result of the high life expectancy of its people, at an average 84.4 years.
What do Japanese people think of foreigners? ›While 31% said Japan "should actively accept" foreign workers, 50% said "I don't like it, but it can't be helped." The younger generation seems more open to foreign workers, with 48% responding that Japan "should actively accept" them.
Can you move to Japan without a job? ›There are a few ways to move to Japan without a job. First, you could marry a Japanese citizen. You can also apply for a student visa. Alternatively, you can use a tourist visa to explore the country and find a place to work.
Which country is the easiest to immigrate to? ›- New Zealand.
- Australia.
- Spain.
- Paraguay.
- Germany.
- Montenegro.
- Czechia.
- Thailand.
Living in Japan is very comfortable, but it will not be easy for you to feel like home. One of the aspects that struck me the most when I first arrived in Japan was that, unlike in Spain, in Japan people talk very little (or almost nothing) about controversial issues such as politics, religion or taxes.
How many refugees did Japan take in 2021? ›
In 2021, the number of people given refugee status or granted special residence for humanitarian reasons in Japan reached new record highs, although the country still accepts few refugees compared to others in the Group of Seven.
Which country has the most immigrants? ›The United States is home to the highest number of immigrants in the world. An estimated 50.6 million people in the United States—a bit more than 15% of the total population of 331.4 million—were born in a foreign country. The number of immigrants in the U.S. has increased by at least 400% since 1965.
How many foreigners are moving to Japan? ›...
Number of registered foreign residents living in Japan from 2011 to 2020 (in millions)
China, Viet Nam and the Philippines were the top three nationalities of newcomers in 2017. Among the top 15 countries of origin, Viet Nam registered the biggest increase (21 000) and the United States the largest decrease (-200) in flows to Japan compared to the previous year.
Why did Japanese immigrants leave Japan? ›Japanese immigrants began their journey to the United States in search of peace and prosperity, leaving an unstable homeland for a life of hard work and the chance to provide a better future for their children.
Why do people move to Japan? ›There are many thriving industries in Japan. Employment opportunities in Japan are available in high tech industries. You can find a job in robotics and also in finance and tourism. Also, English speakers and English language teachers are often in demand.