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2 teenage children of family subject to deportation given special permission to stay in Japan

The building that houses the Nagoya High Court is seen in the city's Naka Ward in this Sept. 30, 2019 file photo. (Mainichi/Shinichiro Kawase)

NAGOYA -- The Nagoya High Court ruled on June 10 that two teenagers will be granted relief measures from deportation in connection with a lawsuit where a family of foreign nationals living in central Japan sought special permission from the national government to stay in the country.

    The appeal ruling nullified parts of a lower court ruling that dismissed the family's claim. It recognized that of the five family members who received deportation orders from the Nagoya Regional Immigration Bureau (currently the Nagoya Regional Immigration Services Bureau), the daughters aged 18 and 16 will be granted Special Permission for Residence.

    Considering that the children cannot read, write or converse in the language of their home country, Presiding Judge Shinya Kurata stated that "there are significant obstacles for them to lead a social life outside Japan."

    According to the ruling and other sources, a family of five, consisting of parents and three children who live in Aichi Prefecture, filed the lawsuit after being subject to deportation measures in January 2009 due to unlawful residence in the country. They filed suit in July of the same year seeking for the deportation measures' revocation, but as the claim was dismissed by the Supreme Court in May 2014, the family initiated another lawsuit seeking special permission for residence in October 2015.

    The Nagoya High Court pointed out that the two daughters entered university and high school, and wished to live in Japan even if it meant living apart from their parents. The court said that the two are "able to earn an income and lead an independent social life in Japan without being reared by their parents." Meanwhile, the court refused to grant deportation relief to the parents and their 13-year-old son, saying, "it cannot be said that there are significant changes in circumstances that require the decision to be reconsidered."

    The Nagoya Regional Immigration Services Bureau commented, "We'd like to carefully examine the ruling's content, and take appropriate measures while also discussing the matter with higher agencies."

    (Japanese original by Tatsuya Michinaga, Nagoya News Center)

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