Hello 🌞
This is Hiroshi Kawana, a certified immigration lawyer (Gyoseishoshi) 👨💼✍️
It’s been a little while⌛, but I’d like to continue moving forward💪 based on the reference book I’ve been using📚.
Residence Applications and Discretion✈️🌍
In my last article, I mentioned that the Minister of Justice has broad discretionary power in residence applications🗣️.
Some applications are difficult to decide based on guidelines alone🤔 (for example, “Long-Term Resident” 🏠 or “Designated Activities” 🎓).
In such cases, the Minister of Justice and other authorities are given wide discretion, and the review is carried out accordingly📑⚖️.
But that doesn’t mean “anything goes”! 🚫
The question remains: is it really acceptable to leave everything to discretion? 😮💨
This is where the concept of “Substantive Review of the Decision-Making Process” 👀 comes in.
In other words… 👉 Instead of examining the result itself, the court checks the reasoning process that led to the administrative decision🔍⚖️.
The important thing is “approval” ✨
No matter how fair the procedure may be, for the applicant it is meaningless unless the result is “approved” ✅🙅♂️.
Examiners make tough, borderline decisions on a daily basis, and their efforts deserve respect 🙇♂️.
The Role of the Gyoseishoshi 📝
What matters in such situations is providing the right information to move closer to approval📂.
That is exactly where a Gyoseishoshi (administrative scrivener) comes in💼✨.
Of course, fees are involved💸.
But our strength lies in knowing precisely what should be submitted👍.
In closing 🎯
We are not magicians 🧙♂️.
❌ We cannot magically turn a denied case into an approval.
⭕ What we can do is ensure that cases that should be approved are properly approved.
⭕ For borderline cases, we can carefully communicate the points to the examiner to secure approval.
That is our work 💪🔥.
See you next time 👋😊
Reference
Yasutsugu Yamawaki (2020)
Practical Guide to Immigration Law and Foreign Labor Management/Auditing
Nihon Kajo Publishing.
📣 You can also reach out and get guidance via LINE!
📱 Please feel free to “add us as a friend” 👇
🔗 https://lin.ee/9jrPDizj