アクティブラーニング方式による行政法ケーススタディの記録 : 東京地判平成27年8月28日コンゴ国民の難民不認定処分等取消請求事件を素材として

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This article records educational practices that took place in our faculty. The name of the classis “Law and Administration B”. In this class, students learn the basic law systems and proceduresof administration using a certain law case concerning recognition of refugee status. The laws tobe introduced in the class are as follows; Immigration Control and Refugee Recognition Act,Administrative Complaint Review Act, Administrative Case Litigation Act, and State Redress Act.These laws are naturally based on the Constitution of Japan and Convention Relating to the Statusof Refugees. For the last two years, I, teacher of the class, selected the following case; the plaintiffwas a national of the Democratic Republic of the Congo, a teacher of a junior high school, a memberof a political organization, and a father. In the Congo, he was wanted by the police and army becauseof his participation in several political movements, and applied for refugee status in Japan. TheMinister of Justice, who holds the authority of refugee status recognition, denied him refugee status,and refused to grant him special permission to stay in Japan. The plaintiff filed an objection with theMinister of Justice according to the Immigration Control and Refugee Recognition Act (this procedurefor filing objections was later incorporated into the Administrative Complaint Review Act procedureby the law amendment in 2016). His objection was dismissed and he was likely to be forced torepatriate. Then he made a lawsuit seeking the revocation of several dispositions: the denial ofrecognition of refugee status, the disposition not to grant special permission to stay, the issue ofa written deportation order, and so on. He also sought the order of the court (a sort of mandamus)against the Minister of Justice to make a new refugee status recognition for him according to theAdministrative Case Litigation Act. In addition to those requests, he appealed for damages to theState, claiming immigration inspectors unlawfully inflicted damage on him by negligence accordingto the State Redress Act. In this spring semester, I adopted the active learning method instead of thesimple lecture style or the Socratic method. As described above, this case includes diverse claimsand the issues vary accordingly. Students tackled these difficult and complicated issues with deepempathy for the plaintiff, showing remarkable growth. This article records this experience.