In a trial in which a man of South Asian nationality seeking refugee status was sued by the country for being deprived of his right to a trial because he was deported, the second-instance Nagoya High Court said, "The Immigration Bureau at that time The response effectively deprived men of the opportunity for judicial examination. ”We increased the amount of compensation from the first instance and ordered the government to compensate 440,000 yen.
A man in his 40s who lived in Mie Prefecture and has a nationality in the South Asian region was ordered to leave the country in 2010 because of his illegal stay, and he was a refugee saying, "If you return to the country, you risk political persecution." I applied for certification, but it was not accepted.
The man filed an objection with the Minister of Justice, but was rejected and was deported the day after he was informed of the result, so he was deprived of his right to a trial stipulated in the Constitution, saying that he could not contact a lawyer. Has filed a lawyer seeking compensation of 3.3 million yen.
The Nagoya District Court of the first instance quietly ordered the government to compensate for more than 80,000 yen, saying that "the staff of the Immigration Bureau at that time had misrepresented that they could bring a trial even after the deportation." The man appealed, not admitting infringement of his right to a trial.
In the judgment of the second trial on the 13th, Osamu Hagimoto, the presiding judge of the Nagoya High Court, said, "The operation of not allowing contact with a third party when being deported by the Nagoya Regional Immigration Bureau effectively gives men a chance for judicial examination. I have to say that I took it to Nagoya, "he said, increasing the amount of compensation from the first instance and ordering the government to compensate 440,000 yen.
On the other hand, he did not admit infringement of his right to a constitutional trial.
Regarding the decision, the Nagoya Regional Immigration Bureau commented, "We will scrutinize the content of the decision and take appropriate measures in consultation with the higher agency."