This paper provides a historical analysis of the Special Permission for Residence (SPR), a discretionary measure of relief for undocumented immigrants in Japan until the 1970s, the period before the Japanese government signed the Refugee Convention. SPR deserves close attention in the sense that it has served as a strategic measure to make Japanese immigration system work for the authority’s purposes. According to the Immigration Bureau, decisions to grant permission are made from two apparently incompatible points of view, namely,“humanitarian considerations”and“national interests,”although it seems that the latter has always been given priority over the former in actual cases. It needs to be explained how this relief measure was incorporated and utilized in the postwar Japanʼs immigration control system.
The historical origin of the SPR in Japan was the relief measure during the Allied Occupation granted to illegalized immigrants, Korean in most cases, based on a petition submitted to the General Headquarters. After the restoration of sovereignty, as the South Korean government refused to accept deportees, the Japanese government reintroduced this relief measure, from an allegedly “humanitarian”standpoint, for those to be deported. Thus, the SPR functioned as a complement to postwar Japanʼs foreign policy of reincorporating itself into the international community while avoiding postcolonial responsibilities. On the other hand, the SPR was never applied to political refugees in spite of the existence of those seeking asylum in Japan. It was in this situation that three cases in court filed in the 1960s functioned as challenges to Japanʼs immigration policy. The results of these cases showed that Japanʼs immigration authority was never tolerant of any substantial restrictions to its large discretionary power over immigrants.
Namely, the authority succeeded in reversing the judgement to restrict its discretionary power by a particular international norm, a political offense exception in extradition, whereas it did not strongly resist the judgement to restrict its discretionary power by an universal but abstract humanitarian principle.
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