Consultation for Refugee Cases
We are able to assist with the following cases:
- Refugee application
- Appeal for rejection of refugee application (attending to the oral opinion statement and hearing session via an opinion paper)
- Court trial for the revocation of rejection of refugee application
- Changing of visa from designated activities (refugee application) to others
Need Help With A Legal Problem?
We, Nagoya International Law Office, welcome cases regarding refugee applications. Examples are as follows.
- How can I apply for a refugee status?
- My refugee application was rejected. How can I appeal?
- My appeal was rejected. What can I do?
- Now I have a refugee visa, but I want to change my visa status.
Procedure of Tasks
Refugee Application
Resolutions
When you fill out the refugee application form, be aware not to write incorrect information, and emphasize the important points about persecution.
Information
Refugee application forms must be written by the applicant and an allograph is not permitted. Also, the applicant must submit the application by himself/herself to the immigration. Submission by deputy or submission by mail is not allowed.
Statements written in the application form are the most essential in the whole refugee application process. Due to the fact many refugees do not possess objective evidence, the judgment depends on their testimony. The consistency of a statement is essential to make testimony credible. If an applicant’s statements in questioning contradict the ones written in the application form, it will seem the applicant’s claim is unreliable. Therefore, you must think carefully when you fill out the application form.
Our Service
We will provide you with detailed advice about the refugee application after hearing your story about persecution carefully, checking objective evidence and researching the applicable country’s information.
Frequent Q&A
Q. |
What is a refugee? |
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A. |
According to UNHCR, the term ‘refugee’ refers to: “A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group.” “Race” includes, for example, persecution of the Uyghur ethnic group in China. “Religion” includes, for example, persecution of Christians by Boko Haram in Nigeria. “Nationality” includes, for example, persecution of the Rohingya in Myanmar. “Political opinion” includes, for example, persecution of groups opposing the Maoists in Nepal. “Membership of a particular social group” includes, for example, persecution of LGBTQ+ people in parts of South America and Muslim-majority countries. |
Q. |
What is Complementary Protection? |
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A. |
Complementary protection is a system for protecting people who do not meet the definition of a “refugee” under the Refugee Convention but nevertheless need protection because their lives or safety would be at risk due to war or armed conflict. In Japan, many people who have fled wars or armed conflicts in countries such as Ukraine, Syria, and Myanmar have been granted protection under this system. |
Q. |
Can I work while I am waiting for the result of refugee application? |
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A. |
For the first 6 months after you apply for a refugee visa, normally work permission is not provided. When you renew the visa after that, you may receive work permission in many cases. However, these days, the Immigration Bureau does not allow the refugee visa status or work-permission. |
Q. |
Can I re-apply for a refugee status? |
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A. |
You may file multiple refugee applications in Japan. However, once your first refugee application and subsequent appeal have been dismissed, you may no longer be granted an extension of your Designated Activities status and may consequently become an overstayer in Japan. Furthermore, from the third refugee application onward, the principle of non-refoulement generally does not apply. As a result, you may be subject to deportation even while your refugee application is pending. |
Q. |
How long does it take to receive the result for a refugee application? |
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A. |
The average processing time is approximately two years. However, some applicants receive a decision within a few months, while others may have to wait several years for a decision. |
Appeal for Rejection of Refugee Application
Resolutions
We will support you with attending to the oral opinion statement and hearing session, and submitting an opinion paper.
Information
You can appeal rejections of refugee applications. In the process of appeal, you have the opportunity to attend the oral opinion statement and hearing session held by refugee examination counselors. If your statement contradicts the application or the interview, the results will be negatively influenced. Therefore, it is important to prepare carefully.
Our Service
When we undertake your case, we will support you with collecting the information and draft an opinion paper. Also, we will provide you with advice on how you should answer questions, and attend the oral opinion statement and hearing session alongside you.
Frequent Q&A
Q. |
How long does it take to receive the result of an appeal? |
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A. |
The average duration of the result of an appeal is about 23 months. |
Court Trial for the Revocation of Rejection of Refugee Application
Resolutions
You can file the case to the court in order to claim the revocation of rejection of refugee application in 6 months after your application is rejected. We will support you in regard to being admitted as a refugee by a court trial.
Information
Even if your application was rejected in the immigration process (application and appeal), you may take action for the revocation of rejection of refugee application to the court 6 months after your application is rejected. In trial, the court will judge whether you are a refugee or not from a neutral perspective.
Our Service
We interview the details of clients’ claims, collect information by disclosure from immigration, and research the applicable country’s information. Afterwards, we will draft papers to prove the client falls into the refugee category and his/her claim is credible. At Nagoya International Law Office, we have a professional team member who has experience gaining judgments in favour for refugees.
Frequent Q&A
Q. |
How long does it take to receive the result of the court trial? |
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A. |
It depends on the factors of each case, but normally it takes more than a year. |
Changing Visa Status from Designated Activities (Refugee Application) to Others
Resolutions
You can change your visa status from a designated activities visa status (refugee application) to others if you satisfy the requirements.
Information
For example, there have been cases in which individuals holding a Designated Activities status have successfully changed their status to Spouse of Japanese National. In addition, if you meet the relevant requirements, you may also be possible to change to a work-related visa status.
When you consider about changing a visa status, you should be aware that the visa status you possessed before or the contents of a refugee application may effect the judgment of changing a visa status.
Our Service
We will examine what kind of visa you can change to and provide information about required documents. Also, we will make opinion papers to support your application and submit the application on behalf of you.
We have had successful experiences changing a visa status.
Frequent Q&A
Q. |
How long does it take to receive the result? |
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A. |
The average processing time for an application for a change of visa status is approximately one to two months. However, depending on the circumstances of the individual case, the process may take longer. |
Q. |
What kind of visa can I change to? |
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A. |
If you meet the requirements for a particular status of residence, you can generally change to that status. A relatively common option is to marry a Japanese national or a permanent resident and obtain a status of residence as their spouse. If you meet the required educational or work experience requirements, you may also be able to change to the Engineer/Specialist in Humanities/International Services status. In the past, many applicants changed to the Business Manager visa. However, this has become more difficult because the requirements for the Business Manager visa have recently been significantly tightened. |