Revision of the Immigration Control Law (1999)

March 1999
Ministry of Justice

Summary of the partial revision of the Immigration Control and Refugee Recognition Law

1. Purpose of the revision
The revision of the Immigration Control and Refugee Recognition Law of 1997 is aimed at punishing thosewho have helped those people secretly enter the country ; it cannot be said that the number of people entering the country unlawfully has fallen, so with the number of foreigners who enter the country unlawfully or who stay on unlawfully remaining at around 270,000, crimes committed by people staying here unlawfully are continuing.

Thus, to form proper and strict measures for dealing with those people who stay in Japan unlawfully, penalties are being imposed for the acts of unlawfully entering the country and staying unlawfully in Japan after entering the country unlawfully, and the current revision will also rationalize official procedures for dealing with such crimes.

2. Main points of the Revision
(1) To impose penalties for unlawfully entering the country, and for staying in Japan unlawfully after entering unlawfully.Since unlawfully entering or staying on in the country after unlawfully entering has a bad effect on public order, penalties are imposed for unlawful entry and for staying on in the country after entering unlawfully.

(2) Extension of period of refusal of entry for people who stayed in Japan unlawfully, were repatriated, etc.
In respect of the reentry to the country of people who stayed here unlawfully, severe measures will be enforced and the period of time during which reentry to the country will be refused to those who have been repatriated from this country will be extended from one to five years.

(3) Extension of period of validity of permission to reenter the country.In order to rationalize official procedures, the period of validity of permission to reenter the country will be extended from "within on year" to"within three years."

Main points of the Revision of the Immigration Control and Refugee Recognition Law No. 1 Provide regulations for refusing entry With regard to people who have been repatriated from this country, the period of time during which they will be unable to enter this country is extended from one to five years (Article 5/1/8).

No. 2 Provide regulations for permission to reenter the country The period of time of validity of permission to reenter the country is extended from within one year to within three years (Article 26/3).

No. 3 Provision of penalties
Those who enter the country unlawfully, and those who land in the country unlawfully, when they continue to remain unlawfully in this country after entering unlawfully, shall be liable to a term of less than three years penal servitude or imprisonment, or a fine of less than Y300,000, or the imprisonment and fine may be combined (Article 70/2).

No. 4 Supplementary provision
(1) This law will be enforced from a day six months after it is promulgated.
(2) Along with setting the necessary measures for the enforcement of this law, there will be revision of the special exemption law concerning the immigration control of those who have renounced Japanese citizenship and others under the Peace Treaty with Japan.