Supreme Court, Second Petty Bench · September 9, 2026 · Reiwa 6 (2024) (Gyo-Tsu) No. 372 · Decision; final appeal dismissed

The Court dismissed a foreign resident's appeal over the rejection of a public assistance application as raising no ground for final appeal; a dissenting opinion would hold part of the nationality requirement unconstitutional.

Claim for an order to grant public assistance

Facts

According to the facts set out in the dissenting opinion, the appellant is a foreign national residing under the "Designated Activities" status for the purpose of receiving medical treatment, and is under continuing treatment for a serious illness. The appellant applied to the mayor for public assistance on November 18, 2021. The application was rejected on December 1, 2021, among other reasons because the appellant is not a "citizen" under the Public Assistance Act. The appellant sought revocation of the rejection and an order to grant assistance. The court below dismissed the revocation claim on the merits and dismissed the claim for the order as inadmissible, among other rulings.

Issue

Whether the grounds of appeal fall under article 312(1) or (2) of the Code of Civil Procedure. The appellant argued errors in the interpretation of articles 25 and 14(1) of the Constitution, among others.

Ruling

The majority dismissed the appeal on the ground that the reasons given clearly do not fall under article 312(1) or (2) of the Code of Civil Procedure. It did not rule on constitutionality. There are a concurring opinion and a dissenting opinion. In outline, the dissent states that articles 1 and 2 of the Public Assistance Act, which limit assistance to "citizens", are unconstitutional and void under articles 25 and 14(1) of the Constitution at least in so far as they exclude foreign nationals recognised as refugees or as persons eligible for complementary protection, and foreign nationals residing under the Designated Activities status designated for medical treatment, and that the judgment below should be quashed and the case remanded.

Provisions

Code of Civil Procedure, art. 312(1), (2); Constitution, arts. 25, 14(1); Public Assistance Act, arts. 1, 2