2026-03-07T21:46:57Z https://bunkyo.repo.nii.ac.jp/oai

oai:bunkyo.repo.nii.ac.jp:00006831 2024-08-08T02:14:19Z 1:27:782

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 An Administrative Law Case Study Taught with the Active Learning Method: A Class Record 金井, 惠里可 This article records educational practices that took place in our faculty. The name of the class is “Law and Administration B”. In this class, students learn the basic law systems and procedures of administration using a certain law case concerning recognition of refugee status. The laws to be 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 Status of Refugees. For the last two years, I, teacher of the class, selected the following case; the plaintiff was a national of the Democratic Republic of the Congo, a teacher of a junior high school, a member of a political organization, and a father. In the Congo, he was wanted by the police and army because of his participation in several political movements, and applied for refugee status in Japan. The Minister 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 the Minister of Justice according to the Immigration Control and Refugee Recognition Act (this procedure for filing objections was later incorporated into the Administrative Complaint Review Act procedure by the law amendment in 2016). His objection was dismissed and he was likely to be forced to repatriate. Then he made a lawsuit seeking the revocation of several dispositions: the denial of recognition of refugee status, the disposition not to grant special permission to stay, the issue of a 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 the Administrative Case Litigation Act. In addition to those requests, he appealed for damages to the State, claiming immigration inspectors unlawfully inflicted damage on him by negligence according to the State Redress Act. In this spring semester, I adopted the active learning method instead of the simple lecture style or the Socratic method. As described above, this case includes diverse claims and the issues vary accordingly. Students tackled these difficult and complicated issues with deep empathy for the plaintiff, showing remarkable growth. This article records this experience. 文教大学 2018-01-31 jpn departmental bulletin paper VoR https://bunkyo.repo.nii.ac.jp/records/6831 09173072 文教大学国際学部紀要 Journal of the Faculty of International Studies Bunkyo University 28 2 127 142 https://bunkyo.repo.nii.ac.jp/record/6831/files/BKSK280208.pdf application/pdf 548.1 kB 2018-05-02