If a detained foreign national wishes to contest his or her detention, the foreigner may request a hearing to review whether the immigration inspector made any errors in deciding to detain. This hearing should take place within three days from the request. A special inquiry officer, designated from one of the senior class immigration examiners, will review the foreigner’s case for possible errors. This review can include examining witnesses and evidence to establish the necessary facts of the case.
At the hearing, both the special inquiry officer and the foreign national have the right to call witnesses and produce evidence. Also, the foreign national may have an agent argue on his or her behalf and may ask for relatives to attend the hearing. If the special inquiry officer does find that an error has occurred and that the foreign national is not eligible for deportation, the foreign national should be immediately released. However, if no error is found then deportation proceedings will commence unless the foreign national files a further objection to the Minister of Justice.
If you have any questions about deportation from Japan, please contact our office for a legal consultation.