Immigration in Japan: Understanding Who is a Refugee

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Criticisms such as "Japan is cold toward refugees" or "Japan accepts very few refugees" frequently appear in the media. In the past, there may have been a basis to think so. But, I have worked in immigration and refugee support for decades. I believe it's important to highlight that Japan has a nearly 50-year history of accepting and assisting refugees.

Fourth in the Series.

Read the series, Immigration in Japan

Recent years have seen a sharp rise in displaced persons and refugees. This has been driven by events such as the military coup in Myanmar, the Taliban's return in Afghanistan, and Russia's invasion of Ukraine. In response to these crises, Japan has offered protection by granting various forms of legal status to those seeking asylum.

Unlike some countries, Japan does not take a blanket approach to granting refugee status based solely on country or regional origin. This includes cases such as victims of severe food shortages and disease in the Congo, natural disaster survivors, or those fleeing conflict zones like Syria and Iraq. Each application is examined individually, and when there is a strong likelihood that the applicant qualifies as a refugee, they are granted refugee status.

Even when an applicant does not meet the criteria for refugee status, Japan may give special humanitarian consideration specific to the individual's circumstances. When it is determined that those humanitarian circumstances warrant, special permission to stay beyond the normal period of their visa may be allowed on a case-by-case basis.

Japan's approach to refugee issues began to shift in a more positive direction after it signed the international conventions and developed a domestic legal framework in the 1980s. 

Who is a Refugee?

In Japan, the question of "Who qualifies as a refugee?" has been debated for many years. Japan joined the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (collectively referred to as the "Refugee Convention"). Since then, the government has consistently adhered to a strict interpretation of the definition when determining refugee status.

So, what is a "refugee?" In summary, a refugee is someone who:

"Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of their nationality and is unable or unwilling to avail themselves of the protection of that country."

If even one of these criteria is not met, the person will not be granted refugee status.

Increasing Number of Applications

Japan's approach to refugee issues began to shift in a more positive direction after it signed the international conventions and developed a domestic legal framework in the 1980s. 

Public support for Indochinese refugees during this period was especially commendable. Those included laudable efforts by the Refugee Assistance Headquarters of the Foundation for the Welfare and Education of the Asian People, other civic groups, and corporations.

While there may be differing views on the number of refugees accepted, that debate should not overshadow Japan's efforts. The fact that the country continued accepting Indochinese refugees until 2005 is something that deserves positive recognition.

From the late 1990s to the early 2010s, the number of asylum applications increased significantly. This period also saw the rise of the internet and affordable international travel booking systems, making the global refugee situation more visible and accessible. For applicants, the world became a more easily connected place.

In 2024, 12,373 individuals applied for refugee status in Japan. That marked a decrease of 1,450 applicants, about 10.5% lower than the 2023 high of 13,823 applications. Notably, of these, 1,355 applicants (roughly 11%) had previously filed for refugee status.

Shift in Refugee Origins

Refugee applicants came from 92 different countries in 2024, with the most common nationalities being Sri Lanka, Thailand, Turkey, India, and Pakistan. Particularly, applicants claiming to be Thai nationals accounted for 2,128 cases, a dramatic, elevenfold surge from just 184 cases in 2023.

Thailand thus ranked as the second largest nationality group, after Sri Lanka.

One possible reason for this spike is the tightened crackdown on illegal employment in South Korea, which has long accepted large numbers of foreign workers. As a result, some observers believe that Thai labor brokers involved in undocumented employment are now redirecting their operations toward Japan.

Strict Measures Against System Abuse

Japan's current policy focuses on accurately identifying and supporting those who genuinely need protection. To achieve this, the government is working to enhance the transparency of the application process, reinforce the administrative and institutional foundations of refugee support, improve the analysis and sharing of country-of-origin information, and train personnel involved in processing refugee claims.

But it all depends on understanding who is a refugee. It's necessary to process applications quickly and fairly. Ensuring that employment permissions for applicants during the application process are handled properly is also an important issue. 

Misuse and abuse of the system require careful and appropriate responses. Especially egregious cases of abuse should be dealt with strictly for the sake of the applicants. This is also essential to maintaining long-term trust in the system.

The Refugee Convention is based on the sovereignty of nations and the importance of borders. As it defines a refugee under the treaty, those who flee for reasons other than persecution would not be considered refugees. 

Nevertheless, terms like "persecution" and "fear," along with the qualifier "well-founded," are abstract and ultimately left to each country's interpretation. In other words, states are permitted some flexibility to apply the definition in ways that align with their national interests.

Taking national differences into account, the UN High Commissioner for Refugees (UNHCR) later developed more standardized guidelines. In its Handbook on Procedures and Criteria for Determining Refugee Status, the UNHCR calls on countries to apply a consistent interpretation of what defines a refugee.

Responding to a More Diverse Refugee Population

Over half a century has passed since the Refugee Convention was established. While its core principles remain, the circumstances that compel people to flee their homelands have become far more diverse than just persecution.

Today, there are civil wars, large-scale political unrest involving both domestic and foreign actors, natural disasters, extreme poverty, and foreign occupation. As we have moved into the 21st century, globalization has sped up changes in how we live, work, govern, and connect, from our cultures and economies to politics and technology. These days, people around the world can access information and communicate across borders with ease and at little cost.

Social media and widespread internet access have fueled dreams of safe, prosperous societies. They have also spread admiration for democracy, an ideal that transcends race, religion, and national borders. Its influence now seems almost limitless.

However, the gap between these digital ideals and the reality of the international system is growing quickly. I believe it remains essential that we respect the broadly recognized principle that decisions to accept refugees lie within the sovereign rights of each nation.

Continues in Part Five: So, You Want to Live Here?

RELATED:

• Visa Screening for Foreign Nationals Moved Up to 2028
• Japan's Refugee Debate: What Does the Data Reveal?
  

Author: Fusako Yanase

In addition to being an expert on immigration, Yanase is a best-selling author and former Honorary Chair of the Certified NPO Association for Aid and Relief, Japan.

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