Family Structure:
Father (born in the Philippines)
Mother (born in the Philippines)
Daughter (born in Japan, 13 years old)
Son (born in Japan, 10 years old)
The father of the family, Rene Garcia, entered Japan in 1993. He entered the country for a three-day port call, but remained in Japan, making him an overstayer. The mother of the family, Mary Jane Garcia, came to Japan in the same year on an “entertainment” visa. Rene and Mary Jane, who were already married in the Philippines, then began to live together in Japan. Rene supported the family while working as a carpenter. Mary Jane worked at bars, etc. to support her parents left behind in the Philippines. Their daughter Arrianne is in her second year of junior high school, and their son Kevin is in his fifth year of elementary school. Both of their children were raised in Japan. They have of course never been to the Philippines.
Even without official permission to live in the country, the family lived a peaceful life until April, 2006, when an officer from the Immigration Bureau visited their home and discovered the family’s status. Rene and Mary Jane were sent to a detention center at the Immigration Bureau, and the children were sent to the Child Guidance Center. The parents panicked at being suddenly torn apart from their children and signed documents relinquishing their right to an oral hearing. Deportation orders were issued, dated May 1st for the father and April 28th for the mother. In September, 2006, Mary Jane was granted a temporary release and was able to be reunited with her children. However, Rene was not granted a temporary release of more than a year. Subsequent deportation orders were then ordered for the children on September 14th of that year.
The family filed a case with the Tokyo District Court to allow them to stay in Japan (which at the time they had resided in for more than 13 years), but lost the case in 2007. They then appealed to a higher court, but also lost that case in March, 2008. In January 2009, the Supreme Court rejected their call for a retrial. In this case, their only remaining course of action is to obtain a special residency permit.
Even though an oral hearing is of vital importance in the deportation procedure, the Immigration Bureau virtually coerced Rene and Mary Jane into relinquishing their right for such a hearing. In most cases up until now where a family has been granted a special residency permit, either the family has been caught by the authorities or the family had turned themselves in after the children had reached junior high school age. In this case, the daughter Arrianne was in the fifth year of elementary school when the family’s status was discovered. However, she has been attending a municipal junior high school since April, 2008.