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Anger erupts over court denial of welfare to foreign permanent residents of Japan

Japanese Supreme Court rules that a Chinese permanent resident is not entitled to payouts even though she has paid taxes all her life

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The foreigner here would be denied welfare. Photo: SCMP

Activists, analysts and foreign residents of Japan have reacted with dismay to a decision by the Supreme Court that foreigners with permanent residency are not entitled to welfare benefits.

Friday's ruling by the highest court means that even foreign nationals born in Japan, who have spent all their lives in the country and paid their taxes, national insurance premiums and state pension requirements are still not guaranteed to receive financial support when they need it.

The Supreme Court's decision overturned an earlier ruling by the Fukuoka high court that granted welfare to an 82-year-old Chinese woman who was born and raised in Japan.

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The woman had applied for assistance to the municipal office in Oita prefecture in December 2008, but her request was refused because she had savings. The woman launched a legal case demanding that the decision be reversed on the grounds that she had paid taxes to the national and prefectural governments throughout her life.

In the first ruling of its kind, the Supreme Court stated that, from a legal standpoint, permanent foreign residents do not qualify for public assistance because they are not Japanese.

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The ruling apparently gives local authorities across Japan the legal right to halt financial assistance to non-Japanese residents. The fact that many municipalities across the country are facing economic hardship may increase the risk of city governments seeking to exercise that right.

"It's shameful," said Eric Fior, a French national who owns a language school in Yokohama and who has lived in Japan for more than a decade.

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