Complementary Protection in Japan: To What Extent Does Japan Offer Effective International Protection for Those Who Fall Outside the 1951 Refugee Convention?

Brian Aycock,Naoko Hashimoto

doi:10.3390/laws10010016

Brian Aycock, Naoko Hashimoto

Open Access

https://doi.org/10.3390/laws10010016

Copy DOI

Journal: Laws	Publication Date: Mar 14, 2021
Citations: 1	License type: CC BY 4.0

Affiliation: International Christian University, Hitotsubashi University

Abstract

This study focuses on what Japan’s Immigration Control and Refugee Recognition Act (ICRRA) calls ‘Special Permission to Stay’ (zairyū tokubetsu kyoka) on humanitarian grounds (SPS), and evaluates the extent to which SPS provides effective international protection for those who are not recognized as refugees in Japan. The evaluation uses the European Union’s Qualification Directive (QD) as a yardstick. This paper explains the legal framework through which Japan offers complementary protection and explores the application of the law in practice. By investigating cases of SPS granted in Japan over a five-year period, the authors infer the prevailing legal interpretations on critical elements of complementary protection policy not clearly defined in the ICRRA. Case law is not widely available in Japan, but the authors have analysed all of the available case summaries provided by the Ministry of Justice only in Japanese. This work represents the first research conducted in English into these summaries. Further, several elite interviews were conducted with key senior immigration officials to gain insight into the inner workings of the Japanese system of SPS. Based upon the empirical evidence collected, the research demonstrates that the ICRRA often lacks clarity and is too discretionary, but that it also provides flexibility that allows a more inclusive application of the law.

Highlights

The definition of refugees enshrined in Article 1A(2) of the 1951 Convention Relating to the Status of Refugees is narrow and restrictive
Stay’ (ICRRA 2009, Art. 61-2-2(2)) on humanitarian grounds, and evaluates the extent to which SPS provides effective international protection for those who are not recognized as refugees in Japan
It would be inefficient to go through each article individually when there are not corresponding articles in the Immigration Control and Refugee Recognition Act (ICRRA)

Summary

Introduction

The definition of refugees enshrined in Article 1A(2) of the 1951 Convention Relating to the Status of Refugees (hereinafter ‘the Refugee Convention’) is narrow and restrictive. Alternative forms of protection are often required for persons not qualifying under the restrictive requirements of the 1951 Convention, and many States and regions have devised alternative protection schemes to include vulnerable persons who are not recognized as refugees. One example is found in Australia’s prohibition against refoulement, enshrined in the Migration Act of 1958 (Migration Act 1958, Act No 62). Another form is found in the United States’ Temporary Protection Status, often used as a form of protection in the face of short-term crises, like natural disasters or armed conflicts (Immigration and Nationality Act 1952).

Objectives

Methods

Results

Conclusion