The renewal of visas for foreign residents is done solely on discretionary power of Justice Ministry and outside the Constitution of Japan. The relevant Court or judicial precedent rulings clearly mention this , as having a child or Japanese spouse living in Japan even in genuine marriage isn’t a guarantee of resident status extension. Japan’s legal system isn’t a rigid system but a flexible and often arbitrary system.Its a country with “Daimyo”Lords type medieval and archaic legal system of confessions by hostage, coercion and mental torture used to convict someone and disregarding factual evidences and unfair trials. How can you compare US or European or advanced or actual democratic system with rule of law and free media to compare with medieval Japanese laws and vague visa system. Permanent residency and even Japanese nationality being cancelled and revoked isn’t uncommon.
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The Iraqi man has done the right thing! Once it goes to court. Authorities typically grant status to avoid being in the limelight ! Japan doesn’t use evidence, witness based process or even previously granted asylum status, to make decisions. In a refugee camp, an hour or less long interview by UN or other official is enough for the refugee paper or card to be issued or granted, for Japan It’s purely arbitrary decision , takes years, multiple application !! and often related to person being able to highly adapt to Japanese society and pay taxes as resident and not a burden on society! Hence The negligible percentage of those granted status as compared to all other countries itself is a big red flag of how much Japan ignores International Laws and Conventions, Japan blantantly disregards UN yearly warnings on human rights violations every year ! Japan allowed for overstayers to work here in Up to the late 90’s without any issue whatsoever ,as visa system was outdated and had no provisions for amnesty or unskilled labor category was never officially written into law or rules. Cops always checked and found the no status of visa overstayers in past and let them go to workplace and said gambatte kudasai, these laborers built Japan ! After early 2000 recession and deflation , administration officials suddenly wanted them out and used media to newly label them as criminals and kick them out! One day they were workers and next day found to be criminals! Hypocrisy!!
Returning back even once just destroyed Iraqi mans case ! The Turkish came in droves with families and many own businesses and are good citizens but many struggle . A few years ago,2 refugee recognition granted young persons were involved in sexual assault and robbery in Tokyo making it even harder for others to be recognized!! This is after they screened them out thought and grant just 20 persons out of 5000 or 10,000 applications each year ! USA and EU account for half of the applicants granted !!
Immigration centers violate international law and have poor medical and living conditions. The authorities arbitrarily issue deportation orders and it goes to court taking years for a decision. There is a provisional release legal process which allows detainees to be released on bond and appear every month or two before the authorities till the court case is heard, marriage papers are in order and asylum or refugee process is undergoing , but the detainees are arbitrarily denied the provisional release for minimum of 6-9 months before first application and have to apply multiple times before being granted. Each decision takes 2-3 months waiting. 100 of detainees have Japanese or permanent resident spouses, children in Japan but are mentally tortured and intimidated into leaving Japan and not allowed to take recourse for due legal process. Being denied basic rights as a human being is a crime against humanity and not about the merits of detainees case or reasons for staying in Japan . I work as an activist for foreigners and refugee human rights with lawyers, NGO’s and NPO’s and they are doing their best against a system that is harsh, unfair and cruel . Japan is now opening its doors to Immigrants in many sectors that was once closed to revive its economy and its aging society, despite the shameful opposition leaders who pretend to actually care for its citizens but only want to protect their pride and inflated egos ! Peace !
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