Japan has policies and strategies in place that have ensured the number of asylum seekers and refugees coming into the country remains very low. Until now the focus has been upon preventing, or severely controlling, the entry of foreigners to the country. This has been driven by economically based foreign policy considerations and underpinned by official insistence on preserving Japan’s unique ethnic, cultural and linguistic homogeneity. The time has now come for a more humanitarian focus. Current procedures and conditions for asylum application, detention and refoulement at ports of entry remain matters of concern. Despite improvements brought about by the revised ICRRA, the refugee determination and appeal system remains flawed, not only through the lack of access to proper advice, representation and welfare assistance but also because of the lack of transparency and independence inherent in the administrative and legal structures. Without more reforms Japan will remain vulnerable to accusations that it fails to respect or uphold the obligations placed upon it as a signatory to international refugee and human rights instruments.