Hello 👋
This is Hiroshi Kawana, Certified Immigration Lawyer (Gyoseishoshi) 🙇♂️
Thank you for reading today 🌸
Previously, I mentioned that in immigration examinations, the scope of discretionary power held by the examiners is quite broad 📝.
To exercise this discretionary power properly, the following elements are essential:
📚 Immigration Control and Refugee Recognition Act
📜 The Constitution of Japan
🌍 International human rights treaties and covenants
🏛️ Judicial precedents
Simply wishing to obtain a residence status may feel harsh, but in reality, the examination process is built upon all of these diverse elements 🔍.
⚖️ The broad scope of discretion can sometimes work against applicants, but it can also lead to results that would normally be impossible in standard administrative procedures.
Naturally, law has its own logic 🧩.
Understanding and applying that logic is the role of specialists. However, I encourage you to reflect once in a while on the fact that you are living under the rule of law 👀.
This applies equally to both Japanese and foreign nationals 🤝.
Even rules that seem unfair at first glance have a background and reasons why they were established.
In the midst of a busy daily life, why not occasionally turn your attention to such matters 🌱?
See you next time! 👋✨
📖 Reference
Yasutsugu Yamawaki (2020)
Practical Guide to the Immigration Act and Foreign Labor Management/Audit
Nihon Kajo Publishing
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