status determination system was established in 1982, for 35 years up to the end of 2016,
41,046 people applied for asylum and 699 were recognized146 (557 in the first instance
and 131 on appeal).147 Compared to those recognized as refugees under the 1951 Refugee
Convention, those permitted to stay in Japan with a residential permit on humanitarian
grounds are relatively greater in number. The reality is that there is a considerable number
of people who are not able to enjoy the above-mentioned benefits available to recognized
refugees.
The political situation in a refugee’s country of origin can change with the passage of
time. There are cases where the political situation in a country that had once produced
refugees has improved, and the government encourages refugees who had fled overseas
to return and reconfirms their status as nationals (or has their status reinstated if
denationalized). However, changes in political circumstances take a long time, and one
cannot deny the fact that especially the children born in Japan during such a period are
placed in situations where their nationality status remains unclear for a long period of time.
Similar to Category D [Persons similarly situated as refugees], second-generation children
born in Japan from refugee parents are normally understood by Japanese administrative
authorities to be foreign nationals on the assumption that they have inherited the
nationality of their parents, but they do not receive treatment as nationals of that State.
(2) Possible size of Category C
As stated in Section (1) above, the number of persons recognized as refugees remains at
688 (557 in the first instance and 131 on appeal) over the 35 years since the introduction
of the refugee status determination system. Moreover, even though the number is 688,
there exist no statistics that have accurately followed their situation after their recognition.
There is no clear data about, for example, how many among the 688 above still remain in
Japan, how many have obtained the nationality of Japan or another country, or how many
have given birth, etc.
35 in 2015, and 28 in 2016 (based on press releases from the Ministry of Justice in each year, as well as
Ishibashi Michihiro Sangiin Giin “Wagakuniniokeru Nanmin Ninteino Joukyounikansuru Shitsumon Shuisho”
Nitaisuru 2015 Nen 8 Gatsu 18 Nichiduke Seifu Toubensho (Naikaku San Shitsu 189 Dai 233 Gou)
[Government Response on 18 August 2015 to the “Memorandum on Questions in the Diet concerning
Recognition of Refugee Status in Japan” Submitted by Michihiro Ishibashi, Member of the House of
Councillors (No. 189-233, Questions in the House of Councillors, Cabinet)].
146
Immigration Bureau, Ministry of Justice, “Heisei 28 Nenniokeru Nanmin Ninteishasuutounitsuite,
Beppyou 3, Wagakuniniokeru Nanmin Higono Joukyoutou [Refugee Recognition in 2016, Table 3, Situation
of Asylum in Japan]”, at http://www.moj.go.jp/content/001221347.pdf.
147
Also, as described in Category D below, Japan has been accepting not only Convention refugees
through refugee status determination but also refugees through resettlement and Indochinese refugees
as “teijuu nanmin [settled refugees]”.
67