Dokument #1227725
IRB – Immigration and Refugee Board of Canada (Autor)
Under the new law (Law no. 86), an asylum
seeker submits an application to the Minister of Justice no later
than 60 days after arrival in Japan [ Saito, 1988: 38.]. Interviews
are subsequently conducted at a Regional Immigration Bureau within
a period of a few months to two years [ Saito, 1988: 38.].
If a claim is rejected, the claimant can
appeal to the court for a review of the case [ UNHCR, 1989: 18.].
If refugee status is granted, a Convention travel document is
issued to the refugee [ Saito, 1988: 38.]. Please find attached a
copy of Japanese Government documents giving details of the
procedures of refugee application and determination in Japan [
Government of Japan, Ministry of Justice, 1981,
Immigration-Control and Refugee-Recognition Act, Cabinet
Order No.319 of 1981, Provisional translation, Tokyo: Immigration
Bureau, Ministry of Justice.
Government of Japan, Ministry of Justice, n.d. A Guide to the
Procedure for Recognition of Refugee Status, Tokyo: Immigration
Bureau, Ministry of Justice.].
Japan introduced a new screening mechanism
on 13 September 1989 [ "Briefing on the Introduction of a Screening
Mechanism for Boat People by Mr. Toshio Tsunozaki, director of the
Human Rights and Refugee Division, United Nations Bureau", 11
September 1989.]. Although the new mechanism mainly concerns
Vietnamese boat people and Chinese citizens coming illegally by
boat to Japan, Japanese refugee policy has been alleged to be based
on nationality (favouring the Indochinese) rather than political
opinions [ Briefing by Mr. Tsunozaki: 2.]. The Japanese Ministry of
Justice has declared that all Chinese coming to Japan are economic
migrants [ Briefing by Mr. Tsunozaki: 3.], and Japanese officials
merely "hope" that the treatment of Chinese citizens deported from
Japan will not be "too harsh" [ Briefing by Mr. Tsunozaki: 3,
5.].
2) The determination is made for each individual case on the basis
of the application and interview records [ Telephone conversation
with a spokesperson from the Ministry of Foreign Affairs of Canada,
Ottawa, 29 September 1989.]. A few articles are attached, that
indicate the general condition of refugees and immigrants in Japan,
particularly the lack of experience with refugees, the ethnic
homogeneity in Japan and the fact that the Japanese contribution to
the UN High Commissioner for Refugees is mostly financial [ Iijima
M. 1984, "Integration of Indochinese Refugees", Refugees,
no. 6, June 1984: 18-19.
Yang M. 1984, "Fund-raising in Japan", Refugees, no. 11,
November 1984: 15-16.
Yang M. 1985, "Africa Fever Sweeps Japan", Refugees, no. 16,
April 1985: 34-35.
"Japan Seeks to Control Influx of Vietnam Refugees", The Globe
and Mail, 30 August 1989: A11.
Terry E. 1988, "Japanese Find Eager Migrants Hard to Replace",
The Toronto Star, 19 October 1988.
Haberman C. 1987, "Once Again, Tokyo's in Trouble Over
Fingerprinting of Aliens", New York Times, 23 January 1987:
A3.].
3) According to UNHCR, no Chinese students have applied for refugee
status in Japan between January and April 1989, and only one has
applied since May 1989; the application was still under
consideration as of 6 October 1989 [ Letter from the Centre for
Documentation on Refugees (CDR) of the UNHCR in Geneva, dated 6
October 1989.]. The total number of students from the People's
Republic of China studying in Japan at the end of June 1989 was
7500 [ Telephone conversation with a spokesperson from the Ministry
of Foreign Affairs of Canada, Ottawa, 29 September 1989.]. Two
reports mention renewed Chinese immigration to Japan;
Asiaweek of 14 July 1989 indicates that immigration
officials in Tokyo have noted a sharp increase in Chinese nationals
applying for passports through Japan, while Facts on File of
23 June 1989 notes the defection of Chinese diplomats stationed in
Japan ["China: Casting the Net Wide", Asiaweek, 15(28), 14
July 1989: 24-25.
"Diplomats Seek Asylum", Facts on File: Weekly World News
Digest, 49(2535), 23 June 1989: 450.]. Other statistics
available on Chinese asylum seekers concern the "Chinese Boat
People" who started to leave China by boat earlier this year, but
for reasons allegedly unrelated to the student protests [ "Chinese
Boat People Deported, Detained on Charges", Foreign Broadcast
Information Service, 8 August 1989: 6-7-8.].
4) No articles other than those attached were found at the
Documentation Centre of the IRB in Ottawa.
5) Only one source indicated protests by Chinese students in Tokyo
over the meeting between the Japanese and Chinese foreign ministers
on 9 August 1989 [ "Chinese Students Protest Ministerial Meeting",
Foreign Broadcast Information Service, 9 August 1989.].
UNHCR reports four major demonstrations in Tokyo between May and
June 1989, but knows of none after the crackdown on student
dissidents in Beijing at the beginning of June 1989 [ Letter from
the Centre for Documentation on Refugees (CDR) of the UNHCR in
Geneva, dated 6 October 1989. ].
6) Because of the secret character of China's State Security Bureau
activities, no information is rendered public on the alleged
harassment of Chinese students in Japan by secret Chinese agents
sent there to that effect. Reports of Chinese secret agents
(generally diplomatic staff) spying on Chinese students in Canada,
however, has been reported in the Canadian press this summer [ Bray
A. 1989, "Embassy Call Raises Chinese Students' Spy Fears",
Winnipeg Free Press, 8 July 1989.
"Chinese Students Need Clear Advise", Globe and Mail, 23
June 1989.
"Students in a Vise", Globe and Mail, 27 June 1989.
"Private Hearings Offered Chinese", Globe and Mail, 27 June
1989.].
7) No development of programmes or special provisions to facilitate
the stay of Chinese students in Japan has been reported in the
documentation consulted since 4 June 1989. A spokesperson at the
Canadian Ministry of Foreign Affairs, however, indicated that there
was a visa extension after 4 June 1989 for Chinese refugees coming
to Japan [ Telephone conversation of 29 September 1989 with a
spokesperson from the Ministry of Foreign Affairs, Ottawa.]. UNHCR
added that visas were extended on a case by case basis and that
extension periods ranged from 2 weeks to 3 months [ Letter from the
Centre for Documentation on Refugees (CDR) of the UNHCR in Geneva,
dated 6 October 1989. ]. The low tone of Japanese reaction to its
neighbour's internal policy, however, indicates that the Government
of Japan does not intend to jeopardize its economic interests in
China by condemning the crackdown on student protests too strongly
[ "Aftermaths: Anxious Neighbours", Asiaweek, 15(25), 23
June 1989: 31.
"China: Distress Under Western Eyes", Asiaweek, 15(30), 28
July 1989: 24.
"Mitsuzuka Views Foreign Policy Issues", Foreign Broadcast
Information Service, 3 August 1989: 15-16.].