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ZWC_yamada 
The Citizens' Consultative Meeting on Special Permission to Stay in Japan is studying various topics related to special permission to stay in Japan in preparation for making recommendations to the Immigration Policy Consultative Meeting.
On Tuesday, March 7, 2017, lawyer Wataru Takahashi (Tokyo Bar Association) gave a presentation at the Itabashi Ward Cultural Center on "Special Permission to Stay in Japan and the Refugee Recognition System."
First, regarding the "procedure" for refugee recognition, it was pointed out that the second stage following the first stage, the application procedure, has changed from the previous "objection" to a "request for review" since April 2016, and that this procedure must be completed within 7 days, and that the applicant must personally apply, appear, and undergo an interview. Furthermore, in the case of denial of refugee status, if special permission to stay is granted on the grounds of "humanitarian considerations," it will be either "designated activities" (1 year) or "long-term resident" (1 year), and if the application is denied, the decision will be to deny the status of residence. In contrast, in the case of dismissal of the request for review, if special permission to stay is granted on the grounds of "humanitarian considerations," the decision will be to deny the status of residence that was granted in the case of denial, and if the application is denied, no decision will be made.
Regarding the current system that allows for multiple applications for refugee status, there has been negative reporting in the mass media in recent years. However, lawyer Takahashi emphasized the significance of reapplying as follows: In other words, the reapplying system has positive significance in response to changes in domestic and international circumstances, such as: ① when the situation in the country deteriorates after the initial application is judged, ② when the applicant engages in new political activities, or ③ when new documents are discovered. However, it was reported that, despite the lack of legal regulations, B and C cases (cases that do not clearly fall under the grounds of persecution and cases with the same claims as before) are being processed within three months, and D cases (normal cases) are being processed within six months under the name of "rapid processing." Furthermore, it was shown that there have only been a few A cases (cases with a high probability of becoming refugees and requiring humanitarian consideration due to the home country being in a state of civil war) during this period.
Next, the most important issue was discussed: the relationship between "reapplying for refugee status" and "requests for retrial." In short, in cases where a deportation order is issued first, Article 50 of the Immigration Control Act applies, and requests for retrial are permitted even after applying for refugee status. However, in cases where the application for refugee status comes first, Article 50 does not apply (requests for retrial are not permitted), and only reapplying for refugee status under Article 61-2-2 is possible. Therefore, for example, someone who applied for refugee status early on and then married a Japanese national cannot request retrial to seek special permission to stay, and has no choice but to repeatedly reapply for refugee status under the "expedited processing" system.
Finally, key points regarding the problems with so-called "judge-prosecutor exchanges" were highlighted, and the meeting concluded with a question-and-answer session covering the entire event (e.g., the scope of application of "humanitarian considerations").