Japan Enacts Amended Law To Facilitate Deportation Of Failed Asylum Seekers

Japan has recently amended its law to facilitate the streamlined deportation of failed asylum seekers.

Prior to the revision, applicants were allowed to remain in Japan throughout the decision process, regardless of the number of attempts they made to obtain refugee status.

Japan has implemented an immigration law that allows for the deportation of failed asylum seekers, despite opposition from political parties and human rights organizations.

Previously, applicants could remain in Japan throughout the decision process, regardless of the number of attempts they made to secure refugee status. However, under the revised legislation, they can now be deported after three rejections.

Justice Minister Ken Saito stated that the revised law aims to “protect those who must be protected while strictly dealing with people who have violated rules.” He highlighted “There are many people who misuse the application system to avoid deportation,” even if they are not facing danger or persecution.

Last year, Japan accepted only 202 refugees out of approximately 12,500 applicants. Additionally, the country allowed 1,760 individuals to remain due to humanitarian considerations. Japan has also provided refuge to over 2,400 evacuees from Ukraine under a different framework.

The revised law faced opposition from activists, but protests by the opposition bloc in parliament were voted down by the ruling coalition. During a committee discussion on the bill, there was a disruption when opposition lawmakers confronted the committee chairman in an attempt to block a vote on the changes.

The Tokyo Bar Association expressed concern over the deportation of individuals to countries where their human rights might be violated, stating, “It is intolerable to deport people, even if they have criminal records, to countries that may violate their human rights” and where “their life and freedom would be in danger.”

The ruling Liberal Democratic Party argues that the revisions will enhance access to medical care and accommodation options for individuals with pending asylum applications.

Japan’s immigration detention conditions have come under scrutiny following the death of Wishma Sandamali, a 33-year-old Sri Lankan woman in 2021.  Although she was not an asylum seeker, Sandamali had been detained for overstaying her visa after seeking police protection to escape an abusive relationship. Her family is seeking compensation from the government over her death, alleging inadequate medical care.

Critics argue that Japan’s refugee recognition system is flawed, with applications often being denied quickly and without face-to-face interviews. Shoichi Ibusuki, a lawyer representing Sandamali’s family, described the revised bill  as “equivalent to having a button to execute those who seek refuge by deporting them”.

In March, Amnesty International joined the voices calling for Japan to abandon the proposed revision to immigration laws, citing the country’s detention policies as “harsh” and “repressive.”