Migration Jurisprudence from the South › Japan
Deportation right after an asylum refusal (Sri Lankan nationals)
Tokyo High Court · Japan · 2021-09-22 · National court
Citation: [case number to be added]
Type of case: Administrative
Outcome: Decided for the migrant side
Question
May the state deport asylum seekers the day after telling them their objection was rejected, before they can go to court?
What the court decided
No. Removing them so quickly deprived them of the opportunity to sue and violated the constitutional right of access to the courts; damages were awarded.
In plain language
Two Sri Lankan men were told their asylum objection had failed and were put on a plane the next day. The Tokyo High Court said this denied them their right to go to court.
Dalam bahasa sederhana
Dua pria Sri Lanka diberi tahu keberatan suaka mereka gagal dan diterbangkan keesokan harinya. Pengadilan Tinggi Tokyo menyatakan ini menghilangkan hak mereka untuk ke pengadilan.
Pertanyaan: Bolehkah negara mendeportasi pencari suaka sehari setelah memberi tahu keberatannya ditolak, sebelum mereka bisa ke pengadilan?
What happened afterwards
- 2014-12: Deportation.
- 2021-09-22: Judgment for the men.
- 2021-10: The state does not appeal. [Check.]
Sources
Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).
Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/jp-tokyo-hc-2021/. This page summarizes a court decision for research and advocacy; it is not legal advice.