{"id":7563,"date":"2010-10-12T16:38:14","date_gmt":"2010-10-12T07:38:14","guid":{"rendered":"http:\/\/www.debito.org\/?p=7563"},"modified":"2010-10-12T16:38:14","modified_gmt":"2010-10-12T07:38:14","slug":"kyodo-court-overrules-oita-pref-who-tried-to-deny-a-78-year-old-nj-welfare-benefits","status":"publish","type":"post","link":"https:\/\/www.debito.org\/?p=7563","title":{"rendered":"Kyodo: Court overrules Oita Pref who tried to deny a 78-year-old NJ welfare benefits"},"content":{"rendered":"

\"Handbook<\/a>\"\\\"<\/a>\"Foreign<\/a>\"\\\"<\/a>\"\u300c\u30b8\u30e3\u30d1\u30cb\u30fc\u30ba\u30fb\u30aa\u30f3\u30ea\u30fc\u3000\u5c0f\u6a3d\u5165\u6d74\u62d2\u5426\u554f\u984c\u3068\u4eba\u7a2e\u5dee\u5225\u300d\uff08\u660e\u77f3\u66f8\u5e97\uff09\"<\/a>\"JAPANESE<\/a>\"sourstrawberriesavatar\"<\/a>\"debitopodcastthumb\"<\/a>
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Hi Blog.\u00a0 Here’s a bit of good news, albeit a bit incomplete based upon this article alone.\u00a0 May there be more outcomes like this.\u00a0 Pity these things happen to the elderly too.\u00a0 Arudou Debito in Sapporo<\/p>\n

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Decision not to examine foreigner’s request on welfare benefits repealed in Oita
\nJapan Today\/Kyodo Friday 01st October, 2010, Courtesy of Clankshaft<\/strong>
\nhttp:\/\/www.japantoday.com\/category\/national\/view\/decision-not-to-examine-foreigners-request-on-welfare-benefits-repealed-in-oita<\/a><\/p>\n

OITA \u2014 A Japanese court repealed on Thursday a decision by Oita Prefecture in southwestern Japan not to examine a request from a 78-year-old Chinese woman to look into a decision by Oita City that rejected her application for welfare benefits.<\/em><\/strong><\/p>\n

A three-judge panel at the Oita District Court acted on a suit filed by the woman, who has obtained permanent residency status in Japan, against the Oita prefectural government decision that turned away the woman\u2019s request, filed in February last year, to examine the Oita municipal government decision not to provide welfare benefits to her.<\/em><\/strong><\/p>\n

The prefectural government dismissed the woman\u2019s request without examining it, saying she was not eligible to seek benefits because she does not have Japanese nationality.<\/em><\/strong><\/p>\n

In Thursday\u2019s ruling, the district court said the prefectural government must review the municipal government decision in line with the woman\u2019s request, and decide whether she should be given benefits.<\/em><\/strong><\/p>\n

Presiding Judge Kenji Kanamitsu brushed aside the prefectural government\u2019s argument that the city\u2019s decision not to provide her with benefits was a \u2018\u2018unilateral administrative action\u2019\u2019 against a foreigner who has no right to seek welfare benefits, and not an \u2018\u2018administrative decision\u2019\u2019 as she claimed, whose appropriateness can be reviewed under the administrative appeal law.<\/em><\/strong><\/p>\n

Judge Kanamitsu said the woman is \u2018\u2018obviously\u2019\u2019 eligible to ask the prefectural government to review the municipal government decision.<\/em><\/strong><\/p>\n

\u2018\u2018An application for welfare benefits has been rejected, and it means the same to the applicants, regardless of their nationalities,\u2019\u2019 the judge said.<\/em><\/strong><\/p>\n

The Chinese woman has filed a separate suit against the Oita municipal government seeking a repeal of its decision not to provide welfare benefits to her. The district court is scheduled to give a ruling on the suit on Oct. 18.<\/em><\/strong><\/p>\n

The Ministry of Health, Labor and Welfare has not recognized foreigners\u2019 legal rights to seek welfare benefits but has instructed prefectural governments to act \u2018\u2018similarly\u2019\u2019 with cases of Japanese nationals in deciding on applications for such benefits from foreigners.<\/em><\/strong><\/p>\n

ENDS<\/p>\n","protected":false},"excerpt":{"rendered":"

Kyodo: A Japanese court repealed on Thursday a decision by Oita Prefecture in southwestern Japan not to examine a request from a 78-year-old Chinese woman to look into a decision by Oita City that rejected her application for welfare benefits.<\/p>\n

A three-judge panel at the Oita District Court acted on a suit filed by the woman, who has obtained permanent residency status in Japan, against the Oita prefectural government decision that turned away the woman\u2019s request, filed in February last year, to examine the Oita municipal government decision not to provide welfare benefits to her.<\/p>\n

The prefectural government dismissed the woman\u2019s request without examining it, saying she was not eligible to seek benefits because she does not have Japanese nationality.<\/p>\n

In Thursday\u2019s ruling, the district court said the prefectural government must review the municipal government decision in line with the woman\u2019s request, and decide whether she should be given benefits.<\/p>\n

Presiding Judge Kenji Kanamitsu brushed aside the prefectural government\u2019s argument that the city\u2019s decision not to provide her with benefits was a \u2018\u2018unilateral administrative action\u2019\u2019 against a foreigner who has no right to seek welfare benefits, and not an \u2018\u2018administrative decision\u2019\u2019 as she claimed, whose appropriateness can be reviewed under the administrative appeal law.<\/p>\n

Judge Kanamitsu said the woman is \u2018\u2018obviously\u2019\u2019 eligible to ask the prefectural government to review the municipal government decision.<\/p>\n

\u2018\u2018An application for welfare benefits has been rejected, and it means the same to the applicants, regardless of their nationalities,\u2019\u2019 the judge said…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[34,35,4,15],"tags":[],"class_list":["post-7563","post","type-post","status-publish","format-standard","hentry","category-exclusionism","category-good-news","category-japanese-government","category-lawsuits"],"_links":{"self":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/7563","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7563"}],"version-history":[{"count":0,"href":"https:\/\/www.debito.org\/index.php?rest_route=\/wp\/v2\/posts\/7563\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7563"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7563"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.debito.org\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7563"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}