V.2.3 Japan

National Legislation

  1. Immigration Control and Refugee Recognition Act, Japan, 1951.

Case Law

  1. Afghan v. Japan (Prosecutor) Heisei 14 (2002) U (Criminal Case) No.129. (Misapplication of Article 70-2 of the Immigration Act).
  2. Turkish v. Japan (Minister of Justice) Heisei 14 (2002) Gyo-U (Administrative Case) No. 49 (Lawsuit for Revocation of Decision to Reject Application for Refugee Status) Nagoya District Court, Date of Decision 15 April 2004. (The court revoked the decision not to recognize the plaintiff as a refugee and affirmed the nullity of the written deportation order issued to him).
  3. Hanrei Jiho (Ryo Kan-ei) Case. Japan: High Courts. 6 December 1982. (Contentions based on the assumption that the accused is a Treaty Refugee according to Article 1, Para C of the Refugee Treaties, are not supportable).
  4. Sougil Yung Decision. Japan: Supreme Court. 26 January 1976. (The case held that the principle of non-refoulement of political criminals cannot be recognised as an established customary law among nations).

Readings

Core

  1. M. Dean and M. Nagashima, ‘Sharing the Burden: The Role of Government and NGOs in Protecting and Providing for Asylum Seekers and Refugees in Japan’, Journal of Refugee Studies, vol. 20, no. 3 (2007), pp. 481–499.
  2. M. Kaneko ‘Beyond “Seclusionist” Japan: Evaluating the Free Afghans/Refugee Law Reform Campaign after September 11’, Refuge, vol. 21, no. 3 (2003), pp. 34–44.

Extended

  1. O. Arakaki, Refugee Law and Practice in Japan (Aldershot: Ashgate, 2008).
  2. S. Banki, ‘Burmese Refugees in Tokyo: Livelihoods in the Urban Environment’, Journal of Refugee Studies, vol. 19, no. 3 (2006), pp. 328–344.