Complementary Protection Status

To qualify for complementary protection, you must meet all of the following:

1. You face a well-founded fear of persecution or serious harm

You must demonstrate that you have a genuine, reasonable fear of being persecuted or suffering serious harm if you return to your country of origin. This fear must be based on facts, not speculation. Japan's interpretation of persecution tends to focus on serious bodily harm; general instability or human rights violations in your country are not enough on their own.

2. The reason for your fear falls outside the five Refugee Convention grounds

Your persecution or harm must not be based on:

• Race
• Religion
• Nationality
• Membership of a particular social group
• Political opinion

If your fear is based on one of these five grounds, you should apply for refugee status instead (though you can apply for both simultaneously, and the Immigration Services Agency will assess you for both).

3. You face torture, inhumane or degrading treatment, or indiscriminate violence from armed conflict

Complementary protection explicitly covers:

• Risk of torture
• Inhumane or degrading treatment or punishment
• Indiscriminate violence caused by armed conflict

4. You are not excluded from protection

As of June 2024, Japan introduced restrictions on repeat applications. You cannot be granted complementary protection if:

• You have been sentenced in Japan to imprisonment for life or for a period of three years or more, and you are applying for complementary protection while that sentence is pending or being served
• You are applying for complementary protection for the third time or more, unless you submit materials showing reasonable grounds for complementary protection eligibility
• Your complementary protection application was denied twice, and you are applying again without submitting documentation showing reasonable grounds for eligibility

These restrictions mean that if your first or second application is denied, you may still apply again, but a third application requires strong supporting evidence. If you have been convicted of a serious crime in Japan, you may face deportation while your application is pending.

5. You have not been granted complementary protection already

You cannot apply if you have already been recognized as eligible for complementary protection status.

Who Does Not Qualify

• People persecuted because of race, religion, nationality, membership of a particular social group, or political opinion (they should apply for refugee status instead)
• People facing general hardship, poverty, or discrimination that does not rise to the level of torture, inhumane treatment, or indiscriminate violence
• People fleeing gang violence, domestic violence, or criminal activity (unless it constitutes indiscriminate violence from armed conflict)
• People with serious criminal convictions in Japan (subject to the restrictions noted above)

Important Limitation: Japan's Narrow Interpretation

Japan's definition of complementary protection is narrower than international standards used by other countries. Japan focuses heavily on severe bodily harm and does not explicitly recognize factors such as death penalty, serious punishment, or other forms of serious harm that other nations consider. This means that even if you would qualify for complementary protection in another country, you may not meet Japan's stricter threshold. You must be able to explain specifically why you are in danger — not just that your country has human rights problems.