Provisional Translation
| OTO No. | 469 | Classification | MOFA-2 MOJ-7 |
|---|---|---|---|
| Date of Acceptance | February 26, 1992 | Ministry/Agency Receiving Complaint | Economic Planning Agency |
| Responsible Ministries | Ministry of Foreign Affairs Ministry of Justice |
Related Laws | Law Establishing the Ministry of Foreign Affairs Immigration Control and Refugee Recoginition Law |
| Complainant | Foreign firm (proxy complaint) | Exporting Countries | South Korea |
| Subject | In the case where an individual was refused entry because of misunderstanding of the facts, 1. clarifying the reasons for not to issue a commercial visa 2. expediting the re-issue of a commercial visa 3. clarifying the reasons for refusing approval of residence permit 4. expediting re-approval of residence permit. |
||
| Details of Measures | Regarding 1. and 2., regarding issuance of visas, according to a decision by the Tokyo High Court on October 29, 1979, "it is Japan's prerogative to deny entry or stay of foreign nationals, and in the absence of treaties or any other special provisions, in the customary practice of international law, a state has no obligation to permit the entry or stay of foreign nationals. Accordingly, it is Japan's prerogative to decide whether to issue visas to foreign nationals..." As is clear from the above precedent, the issuance of visas is the discretion of sovereign nations, and since visas entail delicate diplomatic matters, standards for issuing visas are not made public. This situation applies not only to Japan, but to other countries, including Korea, as well. Accordingly, the ministry cannot give the reason for not issuing a commercial visa, since the standards for doing so are not public. Regarding re-issue of a commercial visa, the complainant was advised that if an individual possessing the appropriate certificate of approval for residence permit applies for a visa, the visa could be re-issued within a few days. Regarding 3. and 4., foreign nationals who wish to enter Japan may receive certification (hereafter, "certificate of approval for residence permit") upon application, that (1) the purpose of their stay in Japan is truthfully stated on their application (2) they meet the residence permit requirements set out in the attachment to the above Law (3) they meet the standards set by the Ministry of Justice ordinances, in the case of persons engaged in activities listed in residence permits 1-2 and -4 of the attached list, (under Article 7, Clause 2 of the Law concerned). This complain concerns application for receiving a certificate of approval for a residence permit. When the Ministry checked with the district immigration bureau which had accepted the application, it was determined that the matter was under study. A conclusion was reached on March 5, and the applicant (proxy applicant) was sent the certificate the same day. The complainant was also advised that because of the large volume of work immigration officers must handle, prior examination of entry and residence, including applications for certificates of approval for resident permits, takes a certain number of days to process, and that efforts will be made to carry this work out as quickly as possible. |
||
| Classification of Processing | 1. D 2. Cc 3. Ca 4. Cc |
Directions | 1. I-b 2. II-a 3. I-b 4. II-a |
| Remarks | |||