Deportation grounds are a predetermined list specifying which foreign nationals are subject to deportation procedures in order to forcibly remove them from Japan. If a foreign national falls under any of these grounds, deportation will be enforced. There is no age limit or statute of limitations for deportation; it applies regardless of age (though actual operation may vary) and includes past conduct.
If a person falls under the grounds for deportation, deportation procedures will be executed, resulting in removal from Japan. However, it does not end there; even after leaving Japan, there is a penalty when attempting to re-enter. This results in a denial of landing for a period ranging from 1 to 10 years, or indefinitely. Therefore, extreme caution is required.
Broadly speaking, the grounds are established in the following 8 categories:
- Violations regarding Entry and Landing
- Violations regarding Status of Residence
- Violations regarding the Residence Card
- Overstaying
- Illegal Work and Human Trafficking
- Public Security (Criminal Offenses)
- Attempts to Destroy Public Safety
- Others
Violations regarding Entry and Landing
- Illegal entrants.
- Those who have incited, abetted, or assisted the illegal entry or landing of other foreign nationals.
- Those who possessed, created, used, or provided forged or altered documents or drawings to help other foreign nationals land or reside in Japan, or those who instructed or aided such acts.
- Those who violated the conditions of provisional landing, etc.
- Those punished under the penal provisions of the Passport Act.
- Those punished for crimes related to mass stowaways or facilitating illegal entry/landing for profit.
Violations regarding Status of Residence
- Those whose status of residence has been revoked.
- Those who engaged solely in activities other than those permitted under their status of residence.
- Those sentenced to imprisonment (or confinement) or a heavier penalty for engaging in activities other than those permitted.
Violations regarding the Residence Card
- Mid-to-long term residents who have been sentenced to imprisonment (or confinement) for submitting false notifications regarding their residence card, failing to apply for re-issuance, failing to receive the card, or refusing to present the card (including cases where a suspended sentence was given).
- Those who forged or altered a residence card or special permanent resident certificate, or used such documents belonging to others, or those who instructed or aided such acts.
Overstaying
- Those staying illegally without obtaining a status of residence.
- Illegal overstayers.
- Those who received a deportation order but did not leave Japan without delay.
- Those who stayed illegally after receiving permission for special landing, or did not leave (or return to their ship) within the specified period after such permission was revoked.
- Illegal overstayers who have exceeded the period of a departure order.
Illegal Work and Human Trafficking
- Those involved in human trafficking.
- Those who caused foreign nationals to engage in illegal work, etc., or instructed or aided such acts.
- Those who engaged in prostitution, or its mediation, solicitation, etc.
Public Security (Criminal Offenses)
- Those sentenced to imprisonment or confinement for specific crimes defined under the Penal Code or other laws.
- (Those who fall under grounds for denial of landing while residing in Japan are also subject to deportation.)
- Those sentenced to imprisonment or confinement exceeding 3 years under the penal provisions of the Juvenile Act.
- Those convicted under the Narcotics and Psychotropics Control Act, Cannabis Control Act, Stimulants Control Act, etc.
- Those sentenced to life imprisonment or imprisonment/confinement exceeding 1 year (excluding suspended sentences).
Attempts to Destroy Public Safety
- Those who attempt to destroy the Constitution of Japan or the government by violence.
- Those who form or join a political party or organization that aims to harm public safety by illegal means.
- Those recognized by the Minister of Justice as having committed acts detrimental to the interests or public safety of Japan.
- Hooligans, etc., who unlawfully cause harm to people or buildings.
- Those recognized by the Minister of Justice as likely to commit criminal acts for the purpose of intimidating the public.
Others
- Those whose entry into Japan should be prevented pursuant to international agreements.
- Those whose departure order has been revoked.
- For Special Permanent Residents, Article 24 of the Immigration Control Act does not apply. Deportation procedures will only commence if they fall under any of the items in Article 9 of the Special Act on the Immigration Control of, Inter Alia, Those Who Have Lost Japanese Nationality Pursuant to the Treaty of Peace with Japan.