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apfseditor 
On Tuesday, June 23, 2015, following the ruling in favor of a Bangladeshi family in their lawsuit seeking the cancellation of a deportation order, APFS made the following urgent request to the Immigration Bureau of the Ministry of Justice, requesting that they be granted special permission to stay as soon as possible.
APFS was represented by Katsuo Yoshinari, Advisor, Jotaro Kato, Representative Director, and Mayumi Yoshida, Vice Representative Director. The Ministry of Justice was represented by Assistant Director Kawabata of the Adjudication Division and one other person. Kawabata stated that they would continue to consider the matter up until the deadline for appeal, taking into account the contents of the petition.
The following is the content of the request.
On June 16, 2015, a lawsuit filed by the above-mentioned applicant family seeking the cancellation of the issuance of deportation orders was ruled in which the "decisions of the administrative agency to issue deportation orders to each of the plaintiffs dated November 6, 2013 are cancelled."
The above family has already petitioned for a retrial on April 25, 2014. In light of this ruling, please grant the applicants special permission to stay as soon as possible.
The above judgment emphasized the need for the applicant's father to continue treatment for his ulcerative colitis in Japan. It stated, "If he were to return to Bangladesh, it would be difficult to obtain the necessary amount of appropriate drug therapy to continue effective treatment, to receive appropriate treatment if the symptoms of ulcerative colitis recur, and to receive appropriate treatment if the symptoms become severe and surgical treatment becomes necessary. Therefore, he is in a position where he needs treatment in Japan."
Regarding the applicant child's "uncdescended testicles," the judgment stated, "In light of the nature of the undescended testicles, it can be inferred that he will need to undergo regular follow-up observation even after the surgery. In light of the medical situation in Bangladesh described above, we cannot help but have doubts as to whether the plaintiff child will be able to receive appropriate medical treatment if he returns to Bangladesh."
Regarding the applicant's mother, the judgment stated, "It is clear that she will need to continue to live with the plaintiff child, who needs to reside in Japan as stated above, and provide custody and care for him."
The ruling also cited Article 12, paragraph 1 of the International Covenant on Economic, Social and Cultural Rights (ICESCR), which states that "States Contracting to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and health," and a clause that requires "the creation of conditions which will ensure to all in case of illness medical care and nursing." It ruled that "in light of the spirit of the Convention, the Tokyo Immigration Bureau's decision that special residence permission should not be granted to the plaintiff's family is grossly inappropriate in light of accepted social standards."
The applicant family is in no way trying to justify their illegal entry and stay in Japan. They deeply regret their crimes.
However, due to the applicant's father suffering from an incurable disease, they strongly need to remain in Japan. The applicant's father is very fluent in Japanese. The applicant's eldest son has been attending kindergarten since 2014 and is steadily receiving an education in Japan. The applicant's family intends to comply with Japanese laws and live as part of the local community.
APFS and the applicant family call on the Ministry of Justice to take the intent of the ruling seriously and promptly grant special residence permission to the three family members without appealing.
End