English 
Japanese 
Spanish 
French 
Bengali 
Myanmar 
Nepali 
Tagalog 
Urdu 
Thai 
Persian 
ZWC_yamada 
On Tuesday, June 23, 2015, APFS, following its victory in a lawsuit seeking the cancellation of a deportation order against a Bangladeshi family, urgently submitted the following request to the Immigration Bureau's Adjudication Division of the Ministry of Justice, urging them to promptly grant special permission to stay in Japan.
APFS was represented by advisor Katsuo Yoshinari, representative director Jotaro Kato, and deputy representative director Mayumi Yoshida. The Ministry of Justice was represented by Assistant Officer Kawabata of the Trials Division and one other person. Mr. Kawabata stated that they would consider the contents of the request until the very last minute before the appeal deadline.
The following is the content of the request.
On June 16, 2015, in a lawsuit filed by the aforementioned petitioner's family seeking the annulment of the deportation orders, a judgment was issued stating that "the administrative agency's decision to issue deportation orders to each of the plaintiffs on November 6, 2013, is hereby annuled."
The family mentioned above already filed a request for retrial on April 25, 2014. Based on this ruling, please promptly grant special permission to stay in Japan to the family who filed the request.
The aforementioned judgment emphasizes the necessity of treatment in Japan for the applicant's father's future treatment of ulcerative colitis. It states that "if he returns to Bangladesh, it will be difficult to obtain the necessary quantity of appropriate medications for effective treatment, to treat appropriately if the symptoms of ulcerative colitis recur, and to treat appropriately if the symptoms worsen and require surgical treatment. Therefore, he is in a position where treatment in Japan is necessary."
Furthermore, regarding the plaintiff's child's "undescended testicle," the judgment states, "Considering the nature of the undescended testicle, it can be inferred that regular follow-up examinations will be necessary even after the surgery. However, given the medical conditions in Bangladesh as described above, we cannot help but have doubts as to whether the plaintiff's child will be able to receive appropriate medical care if he returns to the country."
Furthermore, regarding the applicant's mother, the judgment states that "it is clear that she will continue to live with the plaintiff child, who is required to reside in Japan as described above, and will continue to provide care and upbringing for the child."
Furthermore, the judgment cited Article 12, Paragraph 1 of the International Covenant on Economic, Social and Cultural Rights (Economic Rights Covenant), which states that "States that are signatories to this Covenant recognize that all persons have the right to enjoy the highest attainable standards of physical and mental health." It also cited the provision requiring "the creation of conditions that ensure medical care and nursing for all persons in the event of illness," and concluded that "the Tokyo Immigration Bureau's decision that it should not grant special permission to stay to the plaintiff's family, in accordance with the spirit of the Convention, is remarkably unreasonable in light of social norms."
The applicant's family is in no way trying to justify their illegal entry into the country and illegal stay. They deeply regret their actions.
However, the applicant's father suffers from a serious illness, making it essential for them to reside in Japan. The applicant's father is very fluent in Japanese. The applicant's eldest son has also been attending kindergarten since 2014 and is steadily receiving an education in Japan. The applicant's family intends to abide by Japanese law and integrate into the local community.
APFS and the applicant's family urge the Ministry of Justice to take the judgment seriously and promptly grant special permission to stay in Japan to the family of three without appealing.
That's all.