A violation examination is a process to determine whether a foreign national suspected of meeting grounds for deportation actually falls under those categories. This examination is a core part of the overall deportation procedure, sitting right in the middle of the process.
The Full Timeline: Before and After the Examination
The entire deportation process follows a straight line from start to finish. Here is the flow:
- It starts with a specific action by the foreign national.
- If that action seems to meet grounds for deportation, an immigration control officer investigates and decides whether to detain the individual.
- If the supervising officer agrees with the decision, a written detention order is issued.
- The individual is taken into custody based on the detention order.
- While detained, an immigration inspector conducts an examination (the individual also participates) to see if grounds for deportation exist.
- If the result shows no grounds for deportation, the person is released immediately. If deportation is decided, a deportation order is issued, and the enforcement process begins.
- The individual is detained again under the deportation order.
- Finally, the person is escorted out of the country.
The Violation Examination Process
The examination itself consists of the following three stages:
- The Handover Phase
- The Examination Phase
- The Results Phase
Handover (From the Immigration Control Officer)
At this stage, the suspect is usually already in detention. Within 48 hours of being detained, the officer must hand over the suspect, along with relevant records and evidence, to an immigration inspector. This 48-hour rule is in place to prevent unnecessarily long detention periods.
The Examination (By an Immigration Inspector)
The inspector reviews the case to determine if the individual meets grounds for deportation and creates a formal record of the findings.
If No Grounds for Deportation Are Found
If the inspector concludes there are no grounds for deportation, the individual is released immediately. This is the best possible outcome, and the case is closed.
If Grounds for Deportation Are Found
If the inspector finds that the grounds for deportation are met, the individual has three main choices:
- Request an Oral Hearing (to protest the decision)
- Accept the Deportation Order (waiving the right to a hearing)
- Exit via a Departure Order (if applicable)
Protesting via an Oral Hearing
If the individual disagrees with the inspector’s findings, they can request an oral hearing with a Special Inquiry Officer within 3 days of receiving the notice of findings.
What is an Oral Hearing?
An oral hearing is the second stage of the three-tier review process for deportation:
- Examination by an Immigration Inspector
- Oral Hearing by a Special Inquiry Officer
- Decision by the Minister of Justice
Protesting to Request a Departure Order
It is possible to request an oral hearing even if you admit to the violation itself. For example, you might agree with the facts but protest the deportation order, arguing that you should be granted a “Departure Order” instead.
What is a Departure Order?
A departure order is a less restrictive way to leave Japan. While the person still meets grounds for deportation, they are allowed to leave voluntarily with fewer penalties compared to a full deportation order. Specific conditions must be met to qualify for this.
Accepting the Deportation Order
If you choose not to protest, the supervising officer issues a deportation order. This happens in two scenarios:
- The individual signs a waiver (stating they will not request an oral hearing).
- The 3-day window to request a hearing passes without any action.
“If the response is too slow, the case moves directly to deportation.”
If a Departure Order is Granted
If a departure order is issued, the individual is released immediately but must leave the country by a set date. As mentioned above, this is a much better alternative to deportation for those who must leave Japan.