What is provisional release?
Provisional release is a system that allows the temporary release, under certain regulations, of a detainee in the custody of the Immigration Bureau who is going through the deportation procedures.
The immigration law stipulates the an alien who is suspected to fall under reasons for deportation such as overstaying may be taken into custody by the Immigration Bureau in order to go through the deportation procedures.
Application for provisional release is an application to be released from custody and go through the deportation procedures. If your application is approved, you can return home. However, provisional release refers only allows the release of the alien going through the deportation procedures, and does not approve his or her residence eligibility.
Requirements and points
The immigration law does not stipulate the requirements for provisional release, and there are no official criteria disclosed. However, there are several factors within the guidelines of provisional release that are considered by the Ministry of Justice when determining whether or not to approve a provisional release. These factors are listed below:
Factors mentioned in the guidelines for provisional releases that are considered:
1. Reasons and evidence for the application for the provisional release
2. Personality, age, assets, behavior and health condition of the detainee
3. Family information of the detainee
4. Period of custody of the detainee
5. The guarantor’s age, occupation, earnings, assets, behavior, relationship with the detainee and willingness to undertake the role of guarantor.
6. Potential risk of absconding or violating the regulations regarding the provisional release
7. Impact on the benefits or public safety in Japan
8. Injury or victim experience such as human trafficking
9. Other special matters