Appeals in Foreigner Law in Japan

Published on May 5, 2026 and written by Cyril Jarnias

The issue of foreigners’ rights in Japan is becoming increasingly important in a country often perceived as homogeneous but which is home to a steadily growing immigrant population. Administrative decisions concerning the status and rights of foreigners can have profound consequences on their daily lives. This article examines the available remedies for challenging these decisions, shedding light on how the Japanese legal system operates in matters of immigration. As the debate on immigration globalizes, understanding the specifics of Japanese legislation and the avenues for contestation available becomes essential for anyone interested in social justice and human rights.

Understanding Administrative Decisions on Immigration

The legal framework for administrative decisions on immigration in Japan is primarily governed by the “Immigration Control and Refugee Recognition Act” (commonly referred to as the Immigration Act) as well as related ministerial ordinances and decrees. The procedures and criteria for accepting foreigners, managing their stay, deportation, etc., are also carried out in accordance with this law and its enforcement policy.

Main Authorities Involved

• The Ministry of Justice (particularly the Immigration Services Agency) plays a central role, making important administrative decisions such as issuing or refusing visas, modifying or extending the period of stay, and issuing deportation orders.
• Immigration control officers and special inquiry officers are responsible for the initial judgment, and in the case of appeals, the Minister of Justice may sometimes decide as a last resort.
• The Agency is also responsible for refugee recognition services, with unique discretionary power such as the special permit system for humanitarian reasons.

Representative Types of Administrative Decisions

Decision Content	Summary
Visa Issuance/Refusal	Applied for various reasons such as work, study, family stay, etc. Examination criteria exist for each status of residence.
Period of Stay Renewal/Change	Application to change status or extend the period from an existing status. Broad discretion for approval or refusal.
Refugee Recognition	Decision based on a strict and detailed assessment of the presence of “persecution” based on international treaties, etc.
Special Permission to Stay	Granted as an exceptional measure for reasons such as humanitarian considerations specified by law.
Forced Deportation	Subject to a deportation order for illegal stay, irregular employment, violation of public order and morals, etc.

Criteria Often Considered During Judgment

• Social Integration Situation: Connection to the local community, Japanese language proficiency, degree of adaptation to Japanese culture
• Employment Situation: Stable occupation or ability for self-support
• Compliance with Local Laws: No criminal record, respect for public order and morals
• (For Refugee Recognition) Risk of Persecution: Concrete and continuous evidence of danger due to race, religion, political opinion, etc.

The Supreme Court has clarified in its rulings that the right to enter or reside in Japan is not, in principle, guaranteed by the constitution for foreigners, which is why administrative authorities have broad discretion. However, an obligation to state reasons for decisions and an appeal system exist, ensuring a certain level of procedural protection.

Recent Reform Movements and Points of Debate

Since 2019, with the “Revised Immigration Act,” the creation of new specific skills statuses has expanded acceptance in labor-shortage sectors, outside the framework of technical intern trainees. However, measures like preferential treatment for permanent residency or restrictions on family reunification distinguish this framework from a true immigration policy.

Furthermore, the 2023 revision introduced regulations allowing deportation even during an ongoing asylum application after a certain number of rejections, reduced the detention period, and established a new alternative system to detention, progressing towards both greater strictness and flexibility.

Debate and criticism are intense both domestically and internationally regarding the balance between “refugee protection” and “abuse prevention,” particularly concerning compliance with the principle of non-refoulement, the need to raise the level of human rights protection, and other policy challenges.

In the future, it is likely that the debate on continued system revision will continue from the perspective of attracting highly skilled foreign talent, responding to population decline, ensuring security, and promoting multicultural coexistence.

Remedy Options for Expats in Japan

The main remedial measures available to foreign residents facing unfavorable administrative decisions in Japan, along with an overview of the procedures, are as follows:

Main Remedial Measures and Contestation Process

• Objection and Request for Review – In some cases, it is possible to file an “objection” or submit a “request for review” regarding non-approval or deportation decisions issued by the Immigration Bureau (Japan Immigration Services Agency). For example, in case of non-recognition of an asylum application, the Administrative Procedure Act and the Administrative Review Act apply. The deadline for filing an appeal is very short and is often 7 days from notification, so caution is necessary.
• Request for Reconsideration – Even after a deportation order is issued, it is possible to request its cancellation in the form of a “request for reconsideration.” Although not provided for by law, in some cases, this request has led to the cancellation of a deportation order. However, it is not always accepted.
• Provisional Release and Supervision Measures – Even during forced detention, it is possible to request “provisional release.” The need for a supervision measure is re-examined every three months. Provisional release is determined individually, taking various circumstances into account.
• Administrative Litigation – The Japanese Constitution, in Article 32, guarantees foreigners the right to access the courts. It is possible to file a lawsuit with the district court to seek the annulment of decisions such as refusal of permission or a deportation order.
  • These actions have been taken in various cases, such as refusal to renew or change a residence status, refusal to recognize refugee status, and deportation orders, among others.
  • In principle, even during the trial, the contested decision remains enforceable, which may require a request for a “suspension of execution.”
  • Suspension of execution requires fulfilling conditions such as “urgency,” “influence on public welfare,” and “justification.”
• Special Visa and Support System – Relief measures have also been newly introduced since the Covid-19 crisis, such as the Special VISA (Designated Activities Visa) for people having difficulty returning to their home country, or the employment maintenance support system. It is possible to consult immigration counters for an extension approximately 1 month before the residence deadline.

Contestation Process: Representative Flow

Procedure Content	Overview	Party	Main Deadline
Objection/Request for Review	Objection to an unfavorable decision	Person concerned	7 days after notification, etc.
Administrative Litigation	Filing a lawsuit with the court for annulment	Person concerned	6 months after decision notification (in principle)
Provisional Release/Supervision Measures	Temporary release in case of prolonged detention	Person concerned/Representative	At any time
Request for Reconsideration	Request for withdrawal even after deportation order issued	Person concerned/Representative	At any time

Main Competent Bodies and Departments

• Japan Immigration Services Agency (nationwide)
• Regional Immigration Bureaus
• Ministry of Justice
• District Courts

Free or Paid Legal Consultation and Resources

• Bar Association Legal Consultation Center, Japan Legal Support Center (Hoterasu): Free or low-cost consultations for foreign residents.
• NGO/NPO Organizations:
  • Migrant Coalition (MINTOREN), Human Rights Now (HRN), Anti-Discrimination Network (ARIC), etc., organizations promoting intercultural coexistence
  • Local international exchange associations, municipal multicultural coexistence counters.
• Embassies/Consulates of each country:
  • Provision of daily life information and consular protection services in the native language.

Example of Practical Cases

• A: After the technical internship ended, being unable to return to his home country due to the Covid-19 pandemic, he started procedures to obtain a special visa from the competent immigration counter one month before the scheduled departure. He successfully changed to a visa with employment continuation support.
• B: Spouse visa refusal → Filed an annulment lawsuit with the assistance of a lawyer. Although the marriage was deemed a sham marriage, he won the case at the district court level by providing detailed evidence and after a hearing. The annulment of the residence status recognition led to its reissuance.
• C: Being in prolonged detention, the family hired a lawyer. Thanks to recommendations issued by the Japan Federation of Bar Associations regarding the improvement of the application of provisional release and supervision measures, this led to a systematic review every three months.

A point to note is that, in Japan, for foreign nationals, the conditions for using certain systems, application deadlines, and remedy methods are often presented only in Japanese. Therefore, it is advisable to use organizations providing multilingual documents or expert support.

[Reference] The above contents are all in effect as of April 2025 and reflect the latest revised information.

Practical Guide to Procedures for a Successful Challenge

Procedure for foreigners to challenge an administrative decision in Japan

Different Types of Main Legal Procedures

• Request for Review: In principle, if you are dissatisfied with a decision of an administrative authority, you can file a request for review. It must be made to an authority other than the one that made the decision (usually a higher body) and is the most common way to challenge a decision.
• Request for Re-examination/Appeal: When special provisions are stipulated in an individual law, it is possible to file a request for re-examination (first ask the authority that made the decision to review its decision) or an appeal (appeal to a higher body).
• Lawsuit (Administrative Litigation): After the final decision of the administration, if you are still not satisfied, you can file a lawsuit.

Cases and Persons Eligible to File an Appeal

• Foreign individuals themselves, or their representatives, who are harmed (or at risk of being harmed) in their legally protected rights or interests due to an illegal or inappropriate decision of an administrative authority, or by the exercise of public power
• It is possible to file an appeal not only against a decision, but also in cases of inaction when no decision is made despite a request

Main Procedures and Deadlines

Procedure Name	Deadline
Request for Review	Within 3 months from the day you were informed of the decision
Re-examination/Appeal	Within the deadline prescribed by the individual law (usually within one month, etc.)
Lawsuit	Within 6 months from the notification of the re-examination result, etc.

* In some exceptional cases such as refusal of refugee recognition, the deadline may be short, like within 7 days.

List of Required Documents and Information to Include

• Copy of the relevant notification or decision
• Name and address of the applicant (or company representative)
• Content/reason/purpose of the appeal
• Specific content and date of the decision subject to the appeal
• Information provided by the administrative authority and whether it was provided or not
• Date of submission

If you are a representative or a company, documents proving your qualifications or a letter of authorization are also required.

Tips to Avoid Common Mistakes and Practical Advice

• Error in Recipient: Make sure to submit to the designated department. If in doubt, contact the number mentioned in the original notification.
• Omission of Information: Although the format is free, avoid forgetting necessary information. Consult the official booklet or samples.
• Insufficient Evidence: Attaching copies of related documents in addition to the decision notification is recommended.
• Missing Deadlines: Generally, it’s three months, but there are cases of shortened deadlines. Note the date of receipt. A valid reason may sometimes allow a slight delay.
• Language Problem: In principle, use Japanese. If you lack Japanese language skills, use the support system. Expert intervention is often recommended as submissions in other languages are often not accepted.

Regarding Language and Support System

All procedures must be in Japanese. However, out of consideration for foreign parties, it is permitted to have the presence and statement of an assistant such as a lawyer or interpreter. Therefore, even if Japanese proficiency is insufficient, the procedure can proceed smoothly with the right support, but if you have to handle things yourself, caution and thorough preparation are essential.

Difference from Judicial Protection/Role of the Administrative Court

At the appeal stage, the decision is not yet made by a court but by internal organizations within ministries, agencies, and local governments. If you are still dissatisfied with the result, you can for the first time file a lawsuit with a district court, and at that point, the judicial judgment ensures impartiality as a third party. Japan does not have a separate administrative judiciary, so these cases are handled in ordinary courts. However, to maintain impartiality, independent personnel called shinnin (specialized officials) are responsible for ensuring neutrality in the process.

Frequently Used Consultation Resources (for Foreign Individuals)

• NPO International Exchange Association, Multicultural Coexistence Center, Municipal International Affairs Division: Many free legal consultations, counters for other languages available
• Himawari Legal Consultation Network (Japan Bar Association): OK in English and other major languages, introduction to certified lawyers

Examples of Successful Case Images (Case Studies)

• Trainee A: Work visa renewal application refused -> insufficient reasons, consulted an expert -> submitted objection + additional documents -> change approved about 1.5 months later Quick start & support from support organizations.
• Student B: Erroneous sending of a withdrawal recommendation -> Guided to the complaint reception counter at city hall via the school -> Confirmed content & wrote correction request (accompanied by a Japanese student) -> Officially canceled after a few weeks & successfully maintained residence status Use of local network/cooperation of friends

Key Points: Evidence preservation, Early consultation, Use of multiple channels

By following these principles, it is possible to find an effective remedy! By correctly understanding the remedy system and related processes, being well-prepared, and collaborating with trusted third-party resources, it is possible to obtain a swift and effective resolution.