7 December 2023
Immigration
Impact [Low]
Summary
The Japanese government has implemented a new system on December 1st to accept people fleeing from conflict zones as “quasi-refugees.” Those recognized as quasi-refugees will be granted a residency status without work restrictions, allowing them to stay in Japan while receiving support for their livelihood. The requirements for permanent residency will be partially relaxed.
The Detail
Under Japan’s Immigration Control Act, refugees are defined based on the United Nations Refugee Convention as individuals who face persecution due to race, religion, nationality, membership in a particular social group, or political opinion. Previously, most people fleeing conflict zones did not fall under this definition.
Going forward, individuals fleeing conflict zones will be accepted as “complementary protection beneficiaries” even if they do not meet the Convention’s criteria for refugees. They will receive protection comparable to that of refugees.
The eligibility for complementary protection will be determined on a case-by case basis, considering individual circumstances. This includes individuals who, if returned to their home country, would risk being caught in internal conflict or face the danger of death, or who would likely be subjected to capital punishment or torture, or other inhumane and unjust treatment not covered under the five reasons specified in the Refugee Convention.
Upon recognizing someone as a complementary protection beneficiary, the Minister of Justice will issue a certificate of complementary protection and treat the individual similarly to a refugee. Specifically, they will be granted a stable residency status known as “Long-Term Resident,” which is renewable and allows them to work. Opportunities to learn Japanese will also be provided. Additionally, the requirements for obtaining permanent residency will be partially relaxed.
The Analysis
Japan’s refugee application approval rate is low, with only 202 individuals accepted in 2022, an approval rate of about 2%. The new initiative to accept conflict refugees is seen as a significant step in addressing this situation.
However, it is important to note that this easing does not signify a complete relaxation of Japan’s refugee acceptance policies. In June 2023, amendments to the Immigration Control Act were enacted, allowing for the deportation of individuals on their third or subsequent application for refugee status unless there are “sufficient reasons” to prevent it.
What this means
This system was initially designed for refugees from Ukraine, but considering the current unstable international situation, it is believed that it will play a significant role in the future.
Contact us
For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:
Noriyuki Tominaga
Partner
noriyuki.tominaga@vialto.com
Jia Ee
Japan, Director
jia.ee@vialto.com
Wakana Tachikawa
Senior Manager
wakana.tachikawa@vialto.com
Further information on Vialto Partners can be found here: www.vialtopartners.com