New guidelines for special residency permits
The Asahi reports on new Justice Ministry guidelines for granting special residency to illegal immigrants:
Under the new guidelines for the special permits, one of the biggest positive factors is if the foreign resident is living with biological children who have been in Japan for 10 or more years and are currently attending elementary, junior high or senior high school.
People with children in junior high school or higher levels of education have often been granted special residence permits. The scope will effectively widen under the new guidelines.
Another main positive factor is if the applicant is suffering from a serious illness, or has kin suffering from illness, that requires treatment in Japan.
Other factors that would work in favor of the foreign resident are residency in Japan for 20 years or longer and if the resident surrenders to authorities.
The main negative factor for an applicant would be a conviction and punishment for a serious crime, including gun or drug smuggling.
Membership to a criminal organization or illegal entry into the country would also be disadvantageous.
The new rules are quite clearly influenced by the case of Noriko Calderon, which focused a lot of negative attention on the government’s lack of clear policies about illegal immigrants who have children in Japan.
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What bothers is the fact that MoJ skipped Public Comment procedure before setting this guideline, which clearly violates Administrative Procedure Act (行政手続法).
Both citizens and non-citizens should have the right to express their comments on the regulations bureaucrats make.
http://search.e-gov.go.jp/servlet/Public
http://www.moj.go.jp/NYUKAN/nyukan85.html
Administrative Procedure Act
Article 39
Organs Establishing Administrative Orders, etc., when establishing Administrative Orders, etc., shall publicly notify in advance the proposed Administrative Orders, etc., (meaning the draft showing the contents of the anticipated Administrative Orders. The same shall apply hereinafter.) and any materials relating to the proposed Administrative Orders, etc., and shall seek Comments (including information. The same shall apply hereinafter.) from the public, showing the address to which the Comments shall be submitted and the period of time for the submission (hereinafter referred to as “period for submission of Comments”).
Article 2
In this Act, the meanings of the terms listed in the following items shall be as prescribed respectively in those items.
(viii) ”Administrative Orders, etc.”: the followings established by the Cabinet or administrative organs:
(b) Review Standards (here meaning, the standards necessary for judging, in accordance with the provisions of relevant laws and regulations, whether an Application requesting permission, etc. will be granted; the same shall apply hereinafter.)
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