Hello! 😄
This is Hiroshi Kawana, a certified immigration lawyer (Gyoseishoshi) in Japan. ✒️
Today, I’d like to explain the difference between “Bound Acts” (羈束行為, kisoku kōi) and “Discretionary Acts” (裁量行為, sairyō kōi) 📘
These legal terms aren’t something we use in everyday life, right? 😅
🔵 What is a Bound Act?
→ An administrative act strictly based on the law, with no room for discretion by the authority ⚙️📄
🔴 What is a Discretionary Act?
→ An act where the government agency has some room for judgment in decision-making 🤔📘
📌 For example, the Immigration Control and Refugee Recognition Act (Immigration Law) falls under discretionary acts.
In other words… 👤💬
The decision of the immigration officer has a significant impact!
But of course, that doesn’t mean they can decide freely as they please 🙅♂️
✅ There are minimum legal standards and rules that must be followed.
⚖️ On the other hand, some laws—like Criminal Law—are required to be bound by strict rules.
Imagine if someone could be judged guilty or not based on one person’s opinion… That would be a serious problem 😨
👮♀️ In immigration procedures,
because every applicant’s situation is different,
immigration officers are granted broad discretion.
💡 Applying the same rigid standards to everyone could actually hurt foreign applicants 😔
📄 That said, even in immigration law, there are parts that are bound acts—
such as issuing a Certificate of Eligibility (在留資格認定証明書交付処分).
🔁 Once again, while discretionary power is important,
📉 too much discretion can cause unfairness.
Legal interpretation must not vary too widely.
It may sound complicated 🤯,
but for foreign nationals with diverse backgrounds,
an overly strict (bound) system can sometimes be risky.
See you next time! 👋🌈
Reference:
Yasuji Yamawaki (2020)
“Practical Guide to Immigration Law and Foreign Labor Management & Auditing”
Nihon Kajoshuppan.
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