The article about a Kurdish man on 2024/07/01 Daily Shincho said that the man committed “illegal entry”, then “the order to leave” issued.
However, from the perspective of immigration law, there is no concept of “the order to leave as a result of illegal entry”.
It is important to understand the definitions of the terms “illegal entry,” “illegal landing,” “the order to leave,” and “deportation procedure” under the Immigration Control Act.
Illegal entry and illegal landing
The definitions of the two words are as follows.
| Illegal entry (不法入国：Fuhou Nyukoku) | Entering Japan’s airspace and territorial waters without holding a passport or visa (*) *Excluding visa-exempt countries |
| Illegal landing(不法上陸：Fuhou Joriku) | Entering land in Japan without going through landing inspection, regardless of whether you have a passport or visa. |
Cases in which landing is refused as a result of the landing examination are neither illegal entry nor illegal landing. An “order to leave” will be issued and you will be sent back to your home country.
In this sense, the concept of “the order to leave as a result of illegal entry” mentioned in the opening article does not hold true. The act of receiving the order to leave as a result of refusal of landing is not illegal act at all.
By the way, if you “land” without a passport or visa, you will be treated as “illegal entry” rather than “illegal landing.”
Order to leave and deportation (issuance of written orders)
Similar terms are order to leave and deportation, but their meanings under the Immigration Control Act are as follows.
| Order to leave (退去命令：Taikyo Meirei) | This is only issued as a result of being refused landing as a result of “landing examination”. |
| Deportation (退去強制：Taikyo Kyosei) | Broadly speaking, “procedures” that apply when a foreigner who has landed or remains in Japan falls under deportation grounds (such as illegal landing or revocation of residence status). In the procedure, the issuance of a deportation order constitutes the actual act of order. |
Foreign nationals who leave Japan due to deportation procedures are not allowed to land in Japan for five years from the date of deportation (because undergoing deportation procedures itself is grounds for refusal of landing), but in the case of “order to leave”, there are no restrictions. (However, if you do not eliminate the reasons for refusal of landing caused the order to leave, you will naturally be refused landing next time as well.)