Denied Special Permission to Stay in Japan: What You Can Still Do After a Deportation Order

You went to the immigration office, went through the violation examination, the oral hearing and the objection to the Minister of Justice, and at the end of it you were told that special permission to stay (在留特別許可) was not granted. For someone who has built a family, a job and a daily life in Japan, few pieces of news are heavier. Most people go blank at that moment and have no idea what to do next.

Even at this stage, however, there are things you can do. The starting point is to understand precisely what is still possible and what is now closed off, according to how the system is actually built. This article explains, article by article, how the denial is communicated, how to read the written reasons, what routes remain after a written deportation order (退去強制令書) is issued, and how to plan the time until you may return to Japan.

How will I be told that special permission to stay was denied?

You will be told in writing, with reasons. Article 50, paragraph (10) of the Immigration Control and Refugee Recognition Act (Immigration Control Act) provides that when a disposition denying special permission to stay is made, the person must be notified promptly by a document stating the reasons. In other words, it does not end with a verbal "no" at the counter; you receive a document that sets out why permission was not granted.

Because the reasoning is preserved in writing, it is your clearest indication of how the authorities weighed each of your circumstances. Keep the document safe and make a copy. Do not tear it up or leave it behind in the shock of the moment.

What should I look for in the written reasons?

Read it against the factors listed in Article 50, paragraph (5) of the Immigration Control Act. That paragraph requires consideration of the reasons for wishing to stay, family relationships, conduct, the circumstances of entering Japan, the length of stay in Japan and the legal status during that period, the facts constituting the grounds for deportation, and the need for humanitarian consideration, as well as domestic and international circumstances, the effect on illegal residents in Japan, and other circumstances.

So go through those items one by one and see how each was assessed. Was your family relationship treated as one where "the actual fact of living together could not be confirmed"? Was the criminal disposition weighed heavily under conduct? Was the sheer length of the unlawful stay treated as a negative factor? Then separate two very different things: whether the facts relied on are wrong or inaccurate, or whether the facts are not in dispute and only the evaluation differs. That distinction decides what you should argue next.

Can I still apply for special permission to stay after the deportation order is issued?

No. Article 50, paragraph (3) states plainly that no application may be made after a written deportation order has been issued. The line drawn by the statute here is very clear.

The right to apply arises under Article 50, paragraph (2): the application is made to the Minister of Justice, through the procedure prescribed by Ministry of Justice ordinance, by a foreign national detained under a written detention order or subject to a supervision measure decision (監理措置決定). Only after such a disposition concerning custody does a person stand in the position of an applicant. Then, under paragraph (4), the decision on permission is made after the person accepts the finding of the immigration inspector (Article 47, paragraph (3)) or the determination of the special inquiry officer (Article 48, paragraph (8)), or after the Minister of Justice has ruled that the objection is without grounds. Once permission is denied and the deportation order is issued, paragraph (3) closes the door on any application.

For that reason, everything in a special-permission case turns on how completely your material is put before the authorities before the order is issued. Structurally, this is very hard to make up for afterwards.

Can I challenge the decision in court?

You can consider filing a revocation action under the Administrative Case Litigation Act, seeking revocation of administrative dispositions such as the Minister's ruling or the issuance of the written deportation order. Since Article 50, paragraph (10) requires the reasons to be given in writing, you can point to specific findings of fact or evaluations in that document and contest them.

There are, however, statutory filing periods, so such an action cannot be brought indefinitely. The more time passes between receiving the document and consulting a lawyer, the narrower your options become. Filing a suit also does not mean the outcome will be reversed. What a court decides depends on the evidence gathered and the way the arguments are built, and it varies greatly from case to case. We do not give explanations that promise a result. What we can undertake is to build every argument the case genuinely allows.

If I file a lawsuit, will deportation be suspended?

Filing a lawsuit does not by itself suspend deportation. In practice, a revocation action is normally accompanied by an application for a stay of execution under the Administrative Case Litigation Act. Whether a stay is granted turns on matters such as the harm that would result in your particular case and whether there is an urgent need. Making the application therefore does not guarantee that removal will stop.

Separately, there is a framework under which removal is suspended while refugee recognition proceedings are pending, but recent legislative amendments have introduced exceptions to it, so how it applies to your own situation needs to be checked individually. We say this frankly: filing a refugee application purely to postpone removal is not appropriate, and it can work against you when your conduct and your attitude toward the procedure are assessed.

Will I ever be able to come back to Japan with a proper status of residence?

Once the period of denial of landing has passed, you can apply for a visa again. The length of that period depends on how you left Japan, and Article 5, paragraph (1), item (ix) of the Immigration Control Act draws these distinctions.

• A person subject to deportation who received a decision under Article 52, paragraph (5) and departed voluntarily within the deadline (other than for the purpose of a short-term stay): one year from the date of departure (Article 5, paragraph (1), item (ix)(b)).
• A person who was deported and had no prior deportation or departure order history: five years from the date of deportation (item (ix)(c)).
• A person who was deported and already had a prior deportation or departure order history: ten years from the date of deportation (item (ix)(d)).
• A person who left Japan under a departure order (出国命令): one year from the date of departure (item (ix)(e)).
• A person falling under Article 24-3, item (i)(b), that is, someone who expressed the intention to depart after the violation investigation had begun and then left under a departure order, where that person subsequently seeks to engage in the activities of a short-term stay: five years from the date of departure (item (ix)(f)).

In addition, where a person is deported on grounds falling under Article 24, item (iv), sub-items オ through ヨ (as designated in the Japanese text), Article 5, paragraph (1), item (x) sets no period at all, so the denial of landing is open-ended. The same is true under Article 5, paragraph (1), item (v) where there is a record of punishment for a violation of narcotics-related laws.

These differences decide when you can see the family you leave behind in Japan. You need to plan not only the procedure in front of you, but the years that follow your departure.

If my circumstances change, can I ask for special permission again?

Under Article 50, paragraph (1), the Minister of Justice may grant special permission to stay either upon an application by the foreign national or ex officio. As explained above, however, once the written deportation order has been issued, paragraph (3) means no application can be made. Any later approach based on changed circumstances is therefore not the exercise of a right to apply, but an effort to have the authorities act on their own initiative.

One point deserves attention here: the proviso to Article 50, paragraph (1). It provides that where the person has been sentenced to a kōkinkei (custodial sentence) for life or for more than one year (excluding a person given a suspended sentence for the whole of the punishment, and a person given a partially suspended sentence where the unsuspended portion is one year or less), or falls under Article 24, item (iii)-2, item (iii)-3, item (iv)(c), or item (iv), sub-items オ through ヨ, permission may be granted only where there are special circumstances such that denying residence in Japan would be found to lack humanitarian consideration. A case involving only illegal overstay (Article 24, item (iv)(b)) is not subject to that heightened requirement, which is a meaningful advantage. Conversely, once a custodial sentence of more than one year without suspension is imposed, the heightened requirement applies. That is exactly why the criminal case and the immigration outlook cannot be handled separately.

What it means to come forward before you are caught

Looking back at this question with a denial letter in your hand makes the weight of the first step very clear. The Guidelines on Special Permission to Stay (revised in March 2024 and in force from 10 June 2024) treat special permission as an exceptional, discretionary measure for a foreign national who is otherwise to be deported, and expressly list, as a positive factor, "the fact that the foreign national voluntarily appeared at a regional immigration services bureau in order to report the illegal stay." A prolonged illegal stay, by contrast, is assessed as a negative factor. With the same underlying facts, whether you came forward changes the starting point of the assessment.

Where the outcome is departure, the difference is even sharper. Coming forward before the violation investigation begins falls under Article 24-3, item (i)(a), and the denial-of-landing period after leaving under a departure order is one year (Article 5, paragraph (1), item (ix)(e)). Expressing the intention to depart only after the investigation has started falls under item (i)(b), and a later attempt to enter for a short-term stay brings a five-year period (item (ix)(f)). If enforcement action means the requirements for a departure order cannot be met at all, deportation follows, with five years (item (ix)(c)) or ten years (item (ix)(d)). These differences are written into the statute in advance.

About our office

Funado International Law Office (3F Fuse Building Main Wing, 3-4-10 Takada, Toshima-ku, Tokyo) focuses on criminal defense for foreign nationals and immigration procedures, primarily for clients of Chinese nationality. Daisuke Matsumura is a member of the Dai-Ichi Tokyo Bar Association (registration number 59077, registered in 2019).

Mr. Matsumura personally handles every stage of a case, from the first detention visit to the close of trial; the work is not delegated to clerks or junior lawyers. A dedicated Chinese-language interpreter experienced in cases involving foreign nationals is based at the office, and for other languages we arrange an interpreter according to the needs of the case. This means you can use an interpreter who acts for you, rather than relying only on the interpreter designated by the investigating authorities. Renewals and changes of status of residence after the criminal process are handled together with our partner administrative scrivener.

Two related cases may be useful. In the first, a client who had come to Japan as a tourist had a child with a Japanese woman, then lost his status of residence and was arrested and prosecuted for illegal stay. The office negotiated with the authorities to complete the outstanding marriage and acknowledgment of paternity, assembled favourable evidence even though almost no official documents were available from his country of nationality, analysed past grants by the immigration authorities, and obtained special permission to stay in a single round of proceedings.

In the second, a woman was wrongly accused of promoting illegal employment and faced deportation. Against the established practice that grounds for deportation require neither intent nor negligence, the office brought litigation questioning the reach of the principle of culpability and pursued it through the appellate stage. Special permission to stay was subsequently granted by the immigration authorities.

The first consultation is free of charge, and fees are quoted according to the case. Even if you have already received a denial in writing, or a written deportation order has already been issued, please bring the document and come and talk to us.

In closing

A denial of special permission to stay does not mean that everything ended at that moment. How you read the written reasons, how you build a revocation action and an application for a stay of execution under the Administrative Case Litigation Act, and how you look at the denial-of-landing period if you choose to leave: the options remain broadest for those who move early.

This article is a general explanation. For your own case, please consult a lawyer directly. The past cases described here rest on their own particular circumstances and are not a guarantee of a similar result.

Author

Daisuke Matsumura, Attorney at Law

Dai-Ichi Tokyo Bar Association (registration number: 59077, registered in 2019)

Funado International Law Office (3F Fuse Building Main Wing, 3-4-10 Takada, Toshima-ku, Tokyo)

Focuses on criminal defense for foreign nationals and immigration procedures, primarily for clients of Chinese nationality.

Results include an acquittal in a case under the Stimulants Control Act (possession for the purpose of profit), a non-prosecution disposition in a specialized fraud case, and the grant of special permission to stay in a case regarded as difficult.

Contact

Funado International Law Office

Website: https://matsumura-lawoffice.jp/

WeChat ID: matsumura1119

Other language versions of this article

日本語 / 简体中文 / 繁體中文 / Tiếng Việt / 한국어