Introduction

In response to criticism that Japan’s refugee recognition rate is extremely low among developed countries, the Immigration Services Agency’s view is that the majority of people who apply for refugee status do not qualify as refugees under the Refugee Convention in the first place, and that the refugee recognition application procedures are being abused.

The definition of a refugee under the Convention is someone who is “at risk of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion”.

As I have stated in this blog, whether an applicant meets this definition will ultimately be judged based on diplomatic considerations.

In other words, even if the oppression of Kurds is actually occurring in Turkey, if the Turkish government is working to resolve the issue, ignoring that and granting refugee status would be disrespectful to the Turkish government and refugee status will not be granted. On the other hand, persecution is occurring within Afghanistan, but the government lacks the ability to crack down on it, and this is recognized internationally, so refugee status will be granted.

There are many foreigners who abuse the refugee recognition system to enter the country, and I believe that the Immigration Services Agency’s view is reasonable. (The low recognition rate does not mean that they are disregarding human rights.)

There are “good faith” applicants

On the other hand, there are certainly “honest” people who have no intention of abusing the refugee recognition system. Whether or not someone is recognized as a refugee is decided based on diplomatic considerations, so there are many cases where protection is not given to people who really need it. (Incidentally, even if a person does not qualify as a refugee, they may be given residence status as a complementary protection or for humanitarian reasons.)

For example, there is ethnic conflict within country A, and an asylum seeker fears that he or she will be killed by members of another ethnic group if he or she returns to his or her home country.

In the first place, they cannot speak Japanese and are therefore unable to make reasonable arguments when it comes to applying for refugee status or appealing for review after their application is rejected.

Even if a reasonable argument could be made, it would not fall under any of the cases announced by the Immigration Bureau in which a person would be granted refugee status, complementary guardianship status, or residence status as a person in need of protection for humanitarian reasons.

Country A is not a country that the Japanese government has declared to be persecuting, so it cannot be recognized as a refugee, and since there is no conflict taking place there, it does not qualify as a supplementary guardian. There is also no armed conflict that would make the news, and there are no special circumstances such as marrying a Japanese person, so it is unlikely that the person would be considered a target for protection on humanitarian grounds.

However, there is a definite possibility that he/she will be killed if he/she returns to Japan. Even though he/she may be killed, no matter how concretely he/she presents the evidence, it will be rejected on the grounds that “it cannot be said with certainty that it is not false.”

However, as I have said many times before, I do not think that this operation itself is unreasonable. What I want to say is something else.

The usual pattern for those seeking refugee status

Those who are applying for refugee status are given a residence status called “Designated Activities” (refugee status application pending: 6 months).

The typical pattern of people applying for refugee status is as follows:

  1. Entered the country with a short-term stay
  2. Refugee status application (first time)
  3. Refugee status application rejected and examination requested
  4. Change of residence status (from short-term stay to designated activities (refugee status application pending))
  5. (6 months have passed)
  6. First renewal of residence period (designated activities (refugee status application pending))
  7. Result of examination request (no reason = not permitted)
  8. Refugee status application (second time) (rejected and examination requested)
  9. After the second renewal of residence period, extend residence period as much as possible
  10. Result of examination request (2nd time, no reason = not permitted)
  11. Return to home country before the expiration of residence period (or illegally remain beyond the expiration date > detention)

What is the path forward for “good faith” applicants?

Originally, the “Designated Activities (Refugee Recognition Application Pending)” status of residence was not intended to abuse the refugee application system in order to work in Japan, but rather to indicate a state in which a person is seeking protection by asserting, with evidence, that their life would be in danger if they returned to their home country. The latter are referred to as “good faith” applicants.

Aim for employment

“Good faith” applicants should aim to find employment, and the specific way to do so is to obtain “Specified Skilled Worker No. 1.”

I mentioned in a blog post that there are two routes for the Specified Skilled Worker No. 1: the Technical Intern Training Route and the Examination Route. The article also describes the amount of study time you should spend on the examination route and how often you should take the exam in Japan.

The time required for the exam route is 500 to 1000 hours. If you study 8 hours a day, you can reach the passing grade in about 60 to 120 days, or about 2 to 4 months.

As mentioned above in “The typical pattern of people applying for refugee status”, the total period during which one can stay in Japan is at least six months, and usually several times that period, so there should be plenty of time to study.

Steps to consider

The steps that evolved the “pattern of people applying for refugee status” to “a pattern of people applying for refugee status but anticipating that protection will not be granted, seeking self-realization by obtaining work status” are as follows:

  1. Enter the country with a temporary visitor
  2. Apply for refugee status (first time)
  3. Refugee status application rejected and examination requested
  4. Change residence status (from temporary visitor to designated activities (refugee status application pending))
  5. Start studying for the Specified Skilled Worker No.1 exam
  6. Pass the Specified Skilled Worker No.1 exam
  7. Apply for a job at a specified skills organization (a company that is hiring). (Information is circulating on social media, etc.)
  8. Conclude an employment contract with a specified skills organization
  9. Apply for permission to change residence status (from designated activities (refugee status application pending) to specified skilled worker No.1)
  10. Permission to change residence status to specified skilled worker No.1 is granted, and you can start working in Japan (you can stay in Japan for a maximum of 5 years by renewing your status, and if you switch to specified skilled worker No.2, you can effectively become a permanent resident with no limit on renewals)

Conclusion

Both the “Designated Activities” status (pending refugee application) and the “Long-Term Resident” status, which is granted when refugee status is granted, are residence statuses that are granted solely from the perspective that protection should be given. However, if a person is a “good faith” applicant, has chosen Japan as the country in which to seek asylum, and is healthy both physically and mentally, they will want to “work” in Japan.

“Good faith” applicants should study to “work” rather than anxiously waiting for the results, and this should give them hope.

Japan Immigration News