community for a period determined by the Minister of Justice.28 36. While stateless persons may benefit from this discretionary provision, since “statelessness” is not specified as a matter for consideration with respect to article 50 there is no guarantee that “Special Permission to Stay” will be granted to stateless persons29 Furthermore, as this status is only available to those who in effect cannot be removed, it does not protect against arbitrary detention in the first instance. 37. If a stateless person without residence status, is not granted ‘Special Permission to Stay’ they will be subject to a deportation order. In such circumstances, stateless persons are at risk of indefinite and arbitrary detention as there is no time limitation prescribed for the detention of “foreigners” without residence status once a deportation order has been issued, 30 and there is usually no country in which a stateless person can be returned. 38. Therefore, given the discretionary nature of the provision, the ‘Special Permission to Stay’ is not an appropriate mechanism to protect stateless persons from arbitrary and indefinite detention. The effectiveness of this provision in protecting stateless persons and preventing their arbitrary and indefinite detention is also unclear as there are no publicly available statistics as to the number of stateless persons granted ‘Special Permission to Stay’ or the number of stateless persons currently detained in Japan (without residence status). Recommendations 39. Drawing on the information provided in this submission, the co-submitting organisations urge Member States to make the following recommendations to Japan: i. Fully promote, respect, protect and fulfil its obligations towards stateless persons under international human rights law. 28 Article 50(1) and (2) of the Immigration Control and Refugee Recognition Act. Immigration Bureau, Ministry of Justice, ‘Guidelines on Special Permission to Stay in Japan’, Revised in July 2009, [http://www.moj.go.jp/content/000048156.pdf], accessed 20 March 2017. 30 See article 52(5) of the Immigration Control and Refugee Recognition Act. Before issuance of the deportation order, the maximum period of detention is 60 days: see article 41(1) of the Immigration Control and Refugee Recognition Act. 12 29