An Evaluation of the Japanese Immigration Control and Refugee Recognition Act's Permissibility under the 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol

Abstract

This article contrasts the Convention Relating to the Status of Refugees with its implementation in Japanese domestic law by conducting an objective, technical examination of the wording of Japan's Immigration Control and Refugee Recognition Act (hereinafter ICRRA). To determine Japanese compliance with the Refugee Convention, existing research has focused on data analysis of Japan's consistently low recognition and high incarceration rates of asylum seekers. However, though these may be indicative of a problem, they cannot conclusively demonstrate Japanese non-compliance. The Japanese Ministry of Justice defends its interpretation of the Refugee Convention as narrow yet permissible and points to other factors to explain Japan's low recognition rates. By directly examining its text, this article finds that the ICRRA violates refugees' rights to protection from expulsion and refoulement, as well as their right to a refugee travel document. Provisions of the ICRRA outlining the conditions for the revocation of refugee status and the suspension of the freedom of movement of lawfully present refugees initially appear to violate the Refugee Convention but upon further examination are shown to be permissible. Conditions for the suspension of the freedom of movement of unlawfully present refugees are found to be insufficiently codified within the ICRRA to judge their permissibility.