Deportation is used by the Japanese government as a last option for foreign nationals who refuse to obey the terms of their stay in Japan. A foreigner who stays past the authorized period of stay on his or her visa, who works in a field outside of the authorize visa activities, who is convicted of violating Japan’s anti-narcotics laws or convicted of a criminal offense and sentenced to imprisonment without suspension of the sentence may be deported from Japan.
In addition to the above grounds for deportation, the Minister of Justice has the power to deport any foreign resident of Japan that the Minister of Justice believes is likely to commit a criminal act for the purpose of intimidation of the general public and of governments. Before making this decision, the Minister of Justice shall consult with the Minister of Foreign Affairs, the Commissioner General of the National Police Agency, the Director-General of the Public Security Intelligence Agency and the Commandant of the Japan Coast Guard.
However, there are certain situations where a foreigner who otherwise would be subject to deportation is given special permission by the Minister of Justice to stay in Japan. This special permission to stay in Japan can be granted when the foreigner is married to a Japanese citizen or has a young child in Japan. Refugees are also granted special permission to stay in Japan even if they would otherwise be subject to deportation proceedings. Other possible reasons for granting special permission also exist. Each situation is different and is judged on a case by case basis. It is always advisable to discuss your case with a lawyer to explore all possibilities.
If you have any questions about deportation from Japan, please contact our office for a legal consultation.