A “Departure Order” is an order issued to a foreign national who fails to pass the landing examination, requiring them to leave Japan. Those who receive this order must depart from Japan immediately.
While the term “Departure Order” may sound intimidating, it is not an order issued based on any illegal or violative behavior. In essence, it is simply an instruction to return home because the requirements for landing were not met. Therefore, it does not result in a record of illegality and carries no penalties.
However, a record of the refusal of entry and the reason for it will remain, so it is best to avoid receiving one if possible.
When a Departure Order is Issued
The issuance of a Departure Order is limited to the landing examination stage. The landing examination consists of three stages, and everyone is generally entitled to undergo up to the second stage.
Failure at the Second Stage (Oral Hearing)
This occurs when a person fails the first stage and proceeds to the second stage, but landing is not permitted, and the individual submits a document stating they accept the decision and will not file an objection (meaning they waive the third stage).
Failure at the Third Stage (Decision by the Minister of Justice)
This occurs when landing is not permitted at the second stage, and the individual, dissatisfied with the outcome, proceeds to the third stage, but landing is still not permitted.
Differences from Deportation and Departure Orders (for Overstayers)
The term “Departure Order” (Taikyo Meirei) sounds similar to “Deportation” (Taikyo Kosei) and “Departure Order for Overstayers” (Shukkoku Meirei). While all of these require a foreign national to leave Japan, their content and legal status are entirely different.
| System Name | Timing | Reason | Penalty |
| Departure Order | Just before landing | Does not meet landing criteria | None (OK if you leave immediately) |
| Departure Order (Overstay) | During stay | Self-reported overstay | 1-year ban on re-entry |
| Deportation | During stay | Falls under grounds for deportation | 5 to 10-year ban on re-entry |
Difference from Deportation
Deportation is a forced removal from Japan if a person falls under the “grounds for deportation” (a list of bad acts) after they have already begun their stay. A Departure Order, on the other hand, is issued at the landing examination stage just before starting a stay if landing is denied. The penalty for deportation is severe, including a 5-year or 10-year ban on re-entering Japan.
Difference from Departure Order for Overstayers
A Departure Order for Overstayers is issued when someone has stayed past their permitted period (overstayed) after starting their stay, but under certain conditions, they are ordered to leave Japan with lighter procedures and penalties instead of deportation. A 1-year ban on re-entering Japan is imposed.
When Stay is Permitted After a Departure Order
Basically, one must leave Japan immediately upon receiving a Departure Order, but as an exception, waiting in a designated facility may be permitted. Below are the reasons and conditions attached.Reason
・When it is impossible to leave Japan immediately due to the schedule of a vessel or aircraft.
・When it is impossible to leave Japan immediately due to other reasons not attributable to the individual. Location
Designated facilities near the airport or seaport of entry/departure. Deadline
The period specified.
If You Disobey a Departure Order
If you disobey a Departure Order, you will be subject to deportation. The reasons are as follows:
A Departure Order is issued when permission to stay in Japan is denied during the landing examination. Disobeying it means staying in Japan without permission, which constitutes illegal stay.
Same for temporary stay permission after a Departure Order
The same logic applies if temporary stay is permitted after a Departure Order due to circumstances.
In that case, you can stay legally in the designated facility until the specified deadline because you have permission for that period.
However, if you escape from the facility or stay past the deadline, your presence in that location or beyond that period is without permission, constituting an act of staying in Japan without a basis, which is illegal stay.
Therefore, in such cases, you will also be subject to deportation.