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Japan court awards asylum seekers damages over prolonged detention
Japan court awards asylum seekers damages over prolonged detention

The Mainichi

time14 hours ago

  • Politics
  • The Mainichi

Japan court awards asylum seekers damages over prolonged detention

TOKYO (Kyodo) -- A Japanese district court has ordered the state to pay a total of 1.2 million yen ($8,260) in compensation to two asylum seekers, ruling that in some cases their repeated detentions by the country's immigration agency did not take account of their physical and mental conditions. Deniz, a Kurdish man in his 40s with Turkish nationality, and Heydar Safari Diman, an Iranian national in his 50s, sought about 30 million yen in damages, after they were detained and released several times over the space of more than a decade. They filed the lawsuit with the Tokyo District Court in 2022 focusing on their treatment from 2016. The ruling handed down on Tuesday said that on some occasions, they were detained despite deteriorating health conditions, such as a diagnosis of depression. "We cannot say the necessity of detention overrode their physical and mental disadvantages," the court said, ruling that some of their detentions violated the International Covenants on Human Rights and amounted to unjust physical restraint prohibited by Japan's immigration law. The plaintiffs also questioned the immigration law itself, which allows detention without going through a review process such as trials, saying that it infringes the human rights covenants. But the court dismissed their claim on the grounds that their rights to a trial are guaranteed through a lawsuit seeking release. Masako Suzuki, a lawyer representing the plaintiffs, underscored the significance of the ruling, telling a press conference that it "clearly acknowledges that there was a violation of the International Covenants on Human Rights in the detention." The Immigration Services Agency has said it will respond "appropriately" after reviewing details of the ruling, since some of its claims were not upheld. According to the complaint, Deniz, who declined to give his surname for fear of retaliation against his family in Turkey, and Safari Diman had both overstayed their visas and were subsequently repeatedly detained by the Immigration Services Agency. From 2016 to 2020, they were detained several times for a total of more than three and a half years each, the complaint said. They have been on provisional releases since the spring of 2020, according to their supporters. Seeking help from the international community, the two had notified a U.N. expert panel on arbitrary detention of their cases, leading the panel to release an opinion in 2020 that found their deprivation of liberty was "arbitrary" and contravened human rights covenants.

Court awards 2 asylum seekers damages over prolonged detention
Court awards 2 asylum seekers damages over prolonged detention

Japan Today

time16 hours ago

  • Politics
  • Japan Today

Court awards 2 asylum seekers damages over prolonged detention

A Japanese district court has ordered the state to pay a total of 1.2 million yen in compensation to two asylum seekers, ruling that in some cases their repeated detentions by the country's immigration agency did not take account of their physical and mental conditions. Deniz, a Kurdish man in his 40s with Turkish nationality, and Heydar Safari Diman, an Iranian national in his 50s, sought about 30 million yen in damages, after they were detained and released several times over the space of more than a decade. They filed the lawsuit with the Tokyo District Court in 2022 focusing on their treatment from 2016. The ruling handed down on Tuesday said that on some occasions, they were detained despite deteriorating health conditions, such as a diagnosis of depression. "We cannot say the necessity of detention overrode their physical and mental disadvantages," the court said, ruling that some of their detentions violated the International Covenants on Human Rights and amounted to unjust physical restraint prohibited by Japan's immigration law. The plaintiffs also questioned the immigration law itself, which allows detention without going through a review process such as trials, saying that it infringes the human rights covenants. But the court dismissed their claim on the grounds that their rights to a trial are guaranteed through a lawsuit seeking release. Masako Suzuki, a lawyer representing the plaintiffs, underscored the significance of the ruling, telling a press conference that it "clearly acknowledges that there was a violation of the International Covenants on Human Rights in the detention." The Immigration Services Agency has said it will respond "appropriately" after reviewing details of the ruling, since some of its claims were not upheld. According to the complaint, Deniz, who declined to give his surname for fear of retaliation against his family in Turkey, and Safari Diman had both overstayed their visas and were subsequently repeatedly detained by the Immigration Services Agency. From 2016 to 2020, they were detained several times for a total of more than three and a half years each, the complaint said. They have been on provisional releases since the spring of 2020, according to their supporters. Seeking help from the international community, the two had notified a U.N. expert panel on arbitrary detention of their cases, leading the panel to release an opinion in 2020 that found their deprivation of liberty was "arbitrary" and contravened human rights covenants. © KYODO

Japan court awards asylum seekers damages over prolonged detention
Japan court awards asylum seekers damages over prolonged detention

Kyodo News

time19 hours ago

  • Politics
  • Kyodo News

Japan court awards asylum seekers damages over prolonged detention

KYODO NEWS - 7 hours ago - 20:13 | All, Japan A Japanese district court has ordered the state to pay a total of 1.2 million yen ($8,260) in compensation to two asylum seekers, ruling that in some cases their repeated detentions by the country's immigration agency did not take account of their physical and mental conditions. Deniz, a Kurdish man in his 40s with Turkish nationality, and Heydar Safari Diman, an Iranian national in his 50s, sought about 30 million yen in damages, after they were detained and released several times over the space of more than a decade. They filed the lawsuit with the Tokyo District Court in 2022 focusing on their treatment from 2016. The ruling handed down on Tuesday said that on some occasions, they were detained despite deteriorating health conditions, such as a diagnosis of depression. "We cannot say the necessity of detention overrode their physical and mental disadvantages," the court said, ruling that some of their detentions violated the International Covenants on Human Rights and amounted to unjust physical restraint prohibited by Japan's immigration law. The plaintiffs also questioned the immigration law itself, which allows detention without going through a review process such as trials, saying that it infringes the human rights covenants. But the court dismissed their claim on the grounds that their rights to a trial are guaranteed through a lawsuit seeking release. Masako Suzuki, a lawyer representing the plaintiffs, underscored the significance of the ruling, telling a press conference that it "clearly acknowledges that there was a violation of the International Covenants on Human Rights in the detention." The Immigration Services Agency has said it will respond "appropriately" after reviewing details of the ruling, since some of its claims were not upheld. According to the complaint, Deniz, who declined to give his surname for fear of retaliation against his family in Turkey, and Safari Diman had both overstayed their visas and were subsequently repeatedly detained by the Immigration Services Agency. From 2016 to 2020, they were detained several times for a total of more than three and a half years each, the complaint said. They have been on provisional releases since the spring of 2020, according to their supporters. Seeking help from the international community, the two had notified a U.N. expert panel on arbitrary detention of their cases, leading the panel to release an opinion in 2020 that found their deprivation of liberty was "arbitrary" and contravened human rights covenants. Related coverage: FEATURE: Hate speech bringing unwanted focus on Japan's Kurdish community FOCUS: Female Afghan refugees facing legal limbo, deportation in Pakistan No. of foreign residents in Japan hits record high for 3rd year

Japan court awards asylum seekers damages over prolonged detention
Japan court awards asylum seekers damages over prolonged detention

Kyodo News

timea day ago

  • Politics
  • Kyodo News

Japan court awards asylum seekers damages over prolonged detention

KYODO NEWS - 4 minutes ago - 20:13 | All, Japan A Japanese district court has ordered the state to pay a total of 1.2 million yen ($8,260) in compensation to two asylum seekers, ruling that in some cases their repeated detentions by the country's immigration agency did not take account of their physical and mental conditions. Deniz, a Kurdish man in his 40s with Turkish nationality, and Heydar Safari Diman, an Iranian national in his 50s, sought about 30 million yen in damages, after they were detained and released several times over the space of more than a decade. They filed the lawsuit with the Tokyo District Court in 2022 focusing on their treatment from 2016. The ruling handed down on Tuesday said that on some occasions, they were detained despite deteriorating health conditions, such as a diagnosis of depression. "We cannot say the necessity of detention overrode their physical and mental disadvantages," the court said, ruling that some of their detentions violated the International Covenants on Human Rights and amounted to unjust physical restraint prohibited by Japan's immigration law. The plaintiffs also questioned the immigration law itself, which allows detention without going through a review process such as trials, saying that it infringes the human rights covenants. But the court dismissed their claim on the grounds that their rights to a trial are guaranteed through a lawsuit seeking release. Masako Suzuki, a lawyer representing the plaintiffs, underscored the significance of the ruling, telling a press conference that it "clearly acknowledges that there was a violation of the International Covenants on Human Rights in the detention." The Immigration Services Agency has said it will respond "appropriately" after reviewing details of the ruling, since some of its claims were not upheld. According to the complaint, Deniz, who declined to give his surname for fear of retaliation against his family in Turkey, and Safari Diman had both overstayed their visas and were subsequently repeatedly detained by the Immigration Services Agency. From 2016 to 2020, they were detained several times for a total of more than three and a half years each, the complaint said. They have been on provisional releases since the spring of 2020, according to their supporters. Seeking help from the international community, the two had notified a U.N. expert panel on arbitrary detention of their cases, leading the panel to release an opinion in 2020 that found their deprivation of liberty was "arbitrary" and contravened human rights covenants. Related coverage: FEATURE: Hate speech bringing unwanted focus on Japan's Kurdish community FOCUS: Female Afghan refugees facing legal limbo, deportation in Pakistan No. of foreign residents in Japan hits record high for 3rd year

Japanese Immigration agency to tighten visa requirements for foreign entrepreneurs; move eyed as Chinese nationals increasingly obtain status
Japanese Immigration agency to tighten visa requirements for foreign entrepreneurs; move eyed as Chinese nationals increasingly obtain status

The Star

time10-06-2025

  • Business
  • The Star

Japanese Immigration agency to tighten visa requirements for foreign entrepreneurs; move eyed as Chinese nationals increasingly obtain status

TOKYO: The Immigration Services Agency is considering an increase of the minimum capital requirement for a business manager visa, a residence status for foreign entrepreneurs starting businesses in Japan, from the current ¥5 million. The figure is regarded as extremely inexpensive compared to other countries, and a higher amount is expected to help prevent the entry of Chinese nationals who come to Japan for other purposes. A business manager visa allows holders to stay in Japan for up to five years if they meet certain requirements, including having capital of at least ¥5 million or employing two or more full-time staff members, and also having an office in Japan. There are no restrictions on age, education or language proficiency. In recent years, an increasing number of Chinese nationals have obtained the visa with the primary purpose of staying in Japan. In addition, people with this status can bring family members, a condition that is fueling the trend. According to the agency, the number of Chinese nationals with a business manager visa more than doubled from 2015 to 20,551 as of June 2024, accounting for over half of all business manager visa holders residing in Japan. The practice has been notable in places such as Osaka Prefecture where companies that operate minpaku private lodging services have been established for the purpose of obtaining the visa, and their operators relocate to Japan. A possible impact on public safety and the business environment has been pointed out in the Diet, as the visa has become an 'easy route to obtain permanent residency,' said the Liberal Democratic Party's House of Councillors member Haruko Arimura. It is also believed that some affluent Chinese individuals are coming to Japan because they admire Japan's education and social security systems. In South Korea, 300 million won (about ¥30 million) in capital is required for obtaining a similar visa, making Japan's requirement inexpensive. Japan wants to keep the visa's role as a residency status for highly skilled individuals. The agency will begin discussions within this fiscal year to revise the Justice Ministry's ordinance. - The Yomiuri Shimbun

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