@article{oai:nagoya.repo.nii.ac.jp:00014354,
 author = {浅川, 晃広 and Asakawa, Akihiro},
 journal = {オーストラリア研究紀要},
 month = {Dec},
 note = {The Ministerial Intervention system in Australia is equivalent with the Japanese system of Special Permission of Residence, in terms that the system allows foreigners staying illegally to give legal status to live in the country regardless of migration law and regulation. Under the Australia’s Migration Act, applicant can apply review to independent review bodies, which are Migration Review Tribunal and Refugee Review Tribunal. Migration Act enables the Minister for Immigration to give more“favorable”decision to the applicant, if applicants are unsuccessful in the review at the tribunals. This is called“Ministerial Intervention”and the Minister can legalize foreigners’ legal status even though he or she cannot obtain visa to stay in Australia under the Migration Act. As this Ministerial Intervention powers have been used occasionally, guidelines are set up to decide to which cases Minister should intervene or not.“Unique and exceptional circumstances”are main determinants of the reason to intervene, which is understood as a situation where removal of the foreigner results in significant hardships. In comparison, the Japanese system is embodied in the deportation process of illegal residents in Japan. Minister for Justice can legalize particular foreigners if he or she presents strong and compelling reason to stay in Japan, such as the fact that he or she is married with Japanese citizen. Comparison of the guidelines of both countries shows some differences. Australia’s guideline put emphasis on expected human right abuses if he or she is deported to his or her home country, however, Japan’s guideline rather put emphasis on the positive reason and situation he or she should be allowed to stay in Japan. However, it is very important that the power to give legal residence to foreigners who have no legal background in the host country is embodied in both countries’ immigration law, even though both countries’ immigration laws and policies have very different nature. This shows the inevitability of certain amount of the existence of discretion in the immigration laws and policies, as it is very difficult to legislate and to anticipate every possible circumstance of human beings.},
 pages = {131--152},
 title = {オーストラリアにおける外国人在留特別許可制度 : 日本との比較を念頭に},
 volume = {37},
 year = {2011}
}