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Certified Immigration Lawyer of Japan:
TOSHIKAZU MURATA
GYOSEISHOSHI (Solicitor) Registration No.01080939


CALL : 03-6272-6513
FREE INQUIRY FORM
Address:SANWA PLARAIL BLDG.NO.405
1-2-12 KUDAN KITA,CHIYODA-KU,TOKYO
〒102-0073 Map Location

 Provisional Release

 Provisional release

The immigration control authority temporarily stops the detention and releases a detainee if the detainee files an application, or if the authority regards it necessary to do so.
By issuing the detentions order, the immigration control authority may detain foreign nationals for "30 days" (plus additional 30 days if supervising immigration inspector finds it necessary to extend the said detention period).
By issuing the deportation order, the immigration control authority may detain foreign nationals until the authority is able to deport the detainee.
The immigration control authority sometimes needs to release a detainee for health reason or preparation for leaving Japan.
Provisional release is indented to addresses such cases.

 Applying for provisional release

* Applicant for provisional release
The detainee, his/her proxy, curator, spouse, lineal relative, sibling.
* Where to apply for provisional release
If a foreign national is detained in the immigration center, applicant may file an application to the director of the immigration center.
If a foreign national is detained in the regional immigration bureau's detention center, applicant may file an application to the supervising immigration inspector of the regional immigration bureau in charge of the said detention center.
When you apply for provisional release, you need to designate your guarantor who will take care of you during provisional release and give instructions on compliance after the provisional release is granted.
* Necessary documents
You need to submit a application for provisional release forms, a document proving the reason for requesting provisional release, and some other documents on the guarantor.

 Granting provisional release

If applicant applies for provisional release, the director of the immigration center or the supervising immigration inspector will may provisionally release the detainee by considering the detainee's circumstances, evidence proving the reason for provisional release, the detainee's characteristics and assets.
When granting provisional release, the director of the immigration center or the supervising immigration inspector will collect the guarantee deposits of up to 3 million yen, set conditions on residence and activities, and require the detainee to visit the immigration office if he finds it necessary to do so.
If the director of the immigration center or the supervising immigration inspector deems appropriate to do so, the immigration control authority will accept guarantee certificate submitted by other person than the detainee, rather than collecting the guarantee deposit.
The guarantee certificate must indicate the amount of guarantee deposit as well as the obligation to pay the guarantee deposit at any time.

 Revocation of provisional release

* Grounds for revoking provisional release

The director of the immigration center or the supervising immigration inspector may revoke the provisional release
If the foreign national with provisional release has escaped,
If the foreign national with provisional release has reasonable ground to escape,
If the foreign national with provisional release fail to visit the immigration office without legitimate reason, or
If the foreign national with provisional release does not obey the requirements regarding provisional release.
* Detention
If the provisional release is revoked, an alien who has been provisionally released will be detained again at the immigration center, regional immigration bureau's detention center, or any other location designated by the Minister of Justice or the supervising immigration inspector who is authorized to do so by the Minister of Justice after issuing the deportation order or retention order.
* Confiscating guarantee deposit
If the provisional release is revoked, the immigration control authority will confiscate the guarantee deposit that was paid when a detainee is provisionally released. In this case, the immigration control authority will confiscate all or a part of the guarantee deposit.
If the provisional release is revoked , the immigration control authority will confiscate all the guarantee deposit. On the other hand, if the provisional release is revoked for any other reason, the immigration control authority will confiscate a part of the guarantee deposit. In the case of a partial confiscation, the director of the immigration center or the supervising immigration inspector will decide how much the authority will confiscate the guarantee deposit by paying attentions to specific circumstances.
 Others

If a foreign national who is detained with deportation order intends to leave Japan at his/her own expenses, or if a foreign national is provisionally released for a certain duration but is detained again due to termination of such term, the alien will be reimbursed all of the guarantee deposit because it is not revocation of provisional release.

(Source:From the Homepage run by the Immigration Bureau,Ministry of Justice)
* FOR FURTHER CONSULTATION ON "PROVISIONAL RELEASE"


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