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Pakistani, in Japan for 31 years, files lawsuit seeking special permission to remain

38 Comments

A Pakistani man who has received notice of deportation after living in Japan for more than 30 years filed a lawsuit with the Tokyo District Court on Monday, seeking special permission to remain in the country with his ailing wife.

Mohamad Sadaq, 55, fled to Japan in 1988 because he feared persecution after taking part in an anti-government demonstration in Pakistan as member of an opposition party when he was a student.

He was arrested in Japan in 2007 on suspicion of overstaying his visa and detained at an immigration facility as he was preparing to marry his wife, a Chinese national with permanent resident status.

Sadaq was freed in 2009 on provisional release after the marriage but was detained again for about a month in 2010.

He received the notice last month stating that he will be deported by the end of August but says he needs to stay in the country to support his wife, who underwent surgery for breast cancer in 2014.

"Considering the family's situation, he should not be deported," said lawyer Shoichi Ibusuki, who represents Sadaq.

The Immigration Services Agency said only that it will "respond appropriately."

Immigration authorities usually take foreign nationals into custody prior to deportation, but detention can be suspended in exceptional cases.

© KYODO

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38 Comments
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Let him stay.

1 ( +16 / -15 )

This has been hanging over his head for 13 years? Cripes, I feel sorry for this guy and his wife.

8 ( +16 / -8 )

After 31 years, surely leave to stay would be a merciful decision but such a lengthy time suggests that the MOJ were not on the ball on this one.

10 ( +13 / -3 )

@Yubaru

This has been hanging over his head for 13 years? Cripes, I feel sorry for this guy and his wife.

If he wanted an asylum, then he should have fled to Canada or EU.

Japan is the last place on earth where one should seek asylum.

34 ( +37 / -3 )

Bye bye Mohamad !!..

-8 ( +16 / -24 )

What was his immigration status all this time?

If he was illegally in the country, deport him.

If not (did he win the asylum lottery that lets under 30 people a year in?), let him stay.

Be consistent or 1,000s Pakistanis will flood into Japan, overstay visas, and hide out for a decade.

There are hospitals in Pakistan, BTW.

4 ( +20 / -16 )

Hopefully they'll let him stay.

-4 ( +12 / -16 )

The amazing thing is that the Pakistani has been in Japan illegally for most of the last 31 years and claims he has the right to stay. Perhaps he should go live in his wife's country with her.

-1 ( +18 / -19 )

get a proper visa like I did. no sympathy for breaking the law

3 ( +19 / -16 )

Why doesn’t he go to China if he’s so concerned with his wife’s well-being?

2 ( +12 / -10 )

He was arrested in Japan in 2007 on suspicion of overstaying his visa and detained at an immigration facility as he was preparing to marry his wife, a Chinese national with permanent resident status.

His story sounds very fishy to me.

he needs to stay in the country to support his wife, who underwent surgery for breast cancer in 2014.

I feel genuinely sorry for his wife but he is just trying to get that sympathy vote.

"Considering the family's situation, he should not be deported," said lawyer Shoichi Ibusuki

Oh I am sure his lawyer thinks that.

The Immigration Services Agency said only that it will "respond appropriately."

Normally the only appropriate response would be to deport him seeing as he stayed in Japan illegally but seeing as the Immigration Services Agency failed to deport him in the past and given the fact he has been in Japan for 31 years this man IMO deserves an exception.

The Immigration Services Agency must strive to prevent a similar case from ever happening again and deport someone immediately when the order is given and shorten the whole procedure leading up to the order.

5 ( +11 / -6 )

He was arrested in Japan in 2007 on suspicion of overstaying his visa

Case closed. Send him back to Pakistan or China with his wife.

5 ( +17 / -12 )

*He was arrested in Japan in 2007 on suspicion of overstaying his visa*

And was subsequently released and allowed to stay, so his dire 'crime' was not considered heinous enough to deport him.

If he's done anything really bad - scamming old people, burglary, GBH, people smuggling, pimping - by all means deport him. If his only crime is basically sloppy paperwork, take him aside, help him sort out his papers, and then leave him be.

What harm is he doing? What good would come from splitting up a family, or forcing a sick woman to seek medical treatment in a country she has never been to, doesn't speak the language, has no ties?

Live and let live.

Invalid CSRF

4 ( +14 / -10 )

If his only crime is basically sloppy paperwork

It is not, he purposely overstayed his visa hoping he didn't get caught so he committed a felony.

If we give out the signal that staying illigally in Japan is okay then we will be opening up the floodgates as another poster said plain and simple.

What harm is he doing? What good would come from splitting up a family, or forcing a sick woman to seek medical treatment in a country she has never been to, doesn't speak the language, has no ties?

I agree this man deserves an exception but it shouldn't happen again.

-3 ( +4 / -7 )

If he's managed to stay and contribute for 30 years then I hope the authorities make an exception and allow him to stay.

-2 ( +4 / -6 )

Mohamad Sadaq, 55.....

...He was arrested in Japan in 2007 on suspicion of overstaying his visa and detained at an immigration facility as he was preparing to marry his wife, a Chinese national with permanent resident status.

Hmm, so he was 43 years old when he suddenly decided to tie the knot with a Chinese woman? There are syndicates that will provide women for fake marriages if you pay enough money. Maybe the Japanese authorities smelled a rat & suspected the marriage isn't genuine.

6 ( +11 / -5 )

Here is the telling paragraph;

He was arrested in Japan in 2007 on suspicion of overstaying his visa and detained at an immigration facility as he was preparing to marry his wife, a Chinese national with permanent resident status.

It seems to that his scams have run their course. He has had ample time to legitimize himself .. 31 years, in either Japan, Pakistan or China.

Now, he is has been caught and being treated no differently to any other illegal over stayer, but cries foul.

4 ( +11 / -7 )

If he wanted an asylum, then he should have fled to Canada or EU

@Samit Basu

Seeking Asylum is not as easy as you think. Furthermore, if rejected, you are instantly deported back to you country the moment the rejection is rendered. Furthermore, the waitlist for asylum in the US, Canada, and EU is very long and the likelihood of rejection is high.

Asian countries tend to have a shorter waiting list and a quicker turn around for approval because of the lack of less people trying to gain entry.

Also, just because you apply for asylum, it does not mean you qualify for it. Furthermore, he came to Japan on a visa that allowed him to stay. It didn't mentioned that he applied for asylum. Therefore, it may be that he never qualified for it.

1 ( +4 / -3 )

When a Japanese government agency makes a decision (that involves foreigners) there is no emotion or compassion shown... I feel sorry for this guy. I hope he and his sick wife find peace and happiness soon.

-1 ( +4 / -5 )

The Mainichi says, "He married Chinese national Liu Yun Jie, now 59, while he was being held in an immigration detention center."

If he has been illegal for 30 years, does that mean he has not been paying taxes for 30 years too?

4 ( +8 / -4 )

I assume he bought things, so yes he's paid taxes. His wife may of paid more in taxes because of his lack of immigration status.

LOL, one guy makes the news... hilarious!

-4 ( +2 / -6 )

off to China then, or Pakistan... ciao

-1 ( +4 / -5 )

It says that in 2007 he was arrested on "suspicion" of overstaying his visa.  So that was a "suspicion", but there is no indication that he actually overstayed his visa.  Was was the conclusion?

Invalid CSRF

-3 ( +1 / -4 )

When a Japanese government agency makes a decision (that involves foreigners) there is no emotion or compassion shown..

Japanese government agencies tend, in my experience, to cut a lot of slack for foreigners that they do not for Japanese citizens.

I have benefitted from this on numerous occasions, twice with immigration authorities.

Further, I have a comparative reference. I spent most of a decade in Britain as an invisible foreigner and had numerous opportunities to see how authorities dealt with foreign nationals. As in Japan, it is a mix of the good, the bad, and the indifferent.

0 ( +3 / -3 )

After 31 years of breaking the law, he now expects mercy? Hell NO! He and his wife were given a long time to legalize his stay or think of a better alternative, like going back to China, if staying here isn't possible. As an illegal resident, he wasn't paying taxes, pension, and health insurance. If a valid visa is granted to him, he'll be entitled to receive welfare money and free health care if he doesn't have enough income now and after he retires. This is unfair for those who legally toiled and paid taxes and pension contribution.

2 ( +9 / -7 )

off to China then, or Pakistan... ciao

I saw numerous posts throughout this thread with people apparently revelling in deporting someone who has made Japan their home for over 30 years, totally upending their life.

I agree that you need immigration laws and that they need to be enforced (albeit with reasonable room for exceptions), but I don’t relish or take apparent pleasure from these sad cases.

-3 ( +1 / -4 )

Sha.

"If a valid visa is granted to him, he'll be entitled to receive welfare money and free health care if he doesn't have enough income now and after he retires. This is unfair for those who legally toiled and paid taxes and pension contribution."

That's only for Japanese citizens. U don't get welfare money & pension on PR status or any other VISA

-1 ( +1 / -2 )

Let him stay. Show some compassion.

-3 ( +4 / -7 )

fine, give him visa at expense of paying all the taxes, contributions and health care he did not pay in ( obviously working illegally ) .. that + the incurred late payment fees , dependent visa should suffice , but can he cope out all that cash ?

2 ( +3 / -1 )

Cancel all debts.

This man has shown determination and was fleeing for his life. He hasn't harmed any of us.

-6 ( +1 / -7 )

Hmm, so he was 43 years old when he suddenly decided to tie the knot with a Chinese woman? There are syndicates that will provide women for fake marriages if you pay enough money. Maybe the Japanese authorities smelled a rat & suspected the marriage isn't genuine.

To his defense while it sure looks like he tried to marry someone because he was caught staying illigally in Japan we don't know for sure it was a scam.

What we do know is that the Immigration Services Agency fumbled the ball in this case and on that grounds alone the man can stay as far as I am concerned.

-5 ( +0 / -5 )

He's been here long enough, why couldn't he have become a permanent resident ? And without legal residency he's not been sponging off the state, hasn't been using Medical services, etc. keeping a low profile... Just don't know why he didn't claim a visa extension and asylum.

-2 ( +1 / -3 )

I don't buy the "asylum" for a being in student protest 30 odd years ago either.

Seriously. If he had wanted to scape, he could have just walked crossed the border to India, gone to Bangladesh/Iran/Afganistan etc.

If he was a true refugee, he would not have had the money to fly all the way to Japan and establish himself.

A number of great people play the game by the rules and are excluded ... but then they reward the biggest scammers for scamming. Ditto, case like this reward what are essentially upper or middle class scammers where they came from, and continue to exclude sincere, law abiding average people.

It reads like he's also been spending years doing nothing in detention centers at society's cost.

Any links to more information?

4 ( +5 / -1 )

Seems like he's been in Japan to long already. He should have been deported already.

3 ( +4 / -1 )

"Seriously. If he had wanted to scape, he could have just walked crossed the border to India, gone to Bangladesh/Iran/Afganistan etc."

All is said.

When you flee for you life, you flee to nearest country.

5 ( +5 / -0 )

Concerned CitizenAug. 20  10:17 am JST, “If he's managed to stay and contribute for 30 years then I hope the authorities make an exception and allow him to stay.”

There isn’t enough information in this article to know whether he’s made any worthwhile contribution to society. Presumably he did some kind of work at least during the period from 1988 until he was caught for overstaying in 2007 but there’s no mention of what kind of work it was. Aside from whether he paid taxes etc, some occupations I would consider to be a minus not a plus for society.

As for whether he and his wife should be sent to China, has she ever lived there? Did she come to Japan as a child or as an adult. Or was she born and raised in Japan? It’s possible she’s never even visited China. Would China accept him? Would Pakistan accept her?

“Considering the family's situation, he should not be deported," said lawyer Shoichi Ibusuki,”

The family? Are there other family members involved beside him and his wife? Who/how old/what relation?

I would want answers to those questions and more before forming an opinion on this case.

1 ( +2 / -1 )

Hopefully he will get a break and be able to do the process correctly and stay in Japan.

-4 ( +0 / -4 )

A lots of heartless comments here. Hopefully this guy will be allowed to stay and get his interacional figured out.

-4 ( +0 / -4 )

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