Japan's Supreme Court Rejects Ghanaian Man's Welfare Appeal

TOKYO — Japan's Supreme Court has dismissed the final appeal of a 36-year-old Ghanaian man who was denied welfare benefits by the city of Chiba on the grounds that he is a foreign national, ending his legal bid to overturn the decision.

Appeal Dismissed Without Ruling on Constitutionality

The man, who is undergoing treatment for chronic kidney failure, had argued that the city's rejection of his application under the Public Assistance Act was unconstitutional. The Second Petty Bench of the top court, however, ruled that the plaintiff did not have grounds for a final appeal.

The decision, dated Sept. 9, 2026, did not address the constitutional question at the heart of the case.

Sole Dissent Calls Exclusion Unconstitutional

Presiding Justice Mamoru Miura, a former prosecutor, was the only one of the four justices to dissent. In his opinion, Miura said the part of the Public Assistance Act that excludes foreign nationals undergoing medical treatment from eligibility for benefits is unconstitutional and invalid.

A Tokyo Shimbun report carried by Gigazine highlighted the dissenting opinion's characterization of the situation as "grossly inhumane."

Background of the Case

The Ghanaian man applied for public assistance while receiving medical treatment for chronic kidney failure, but the city of Chiba rejected his application because he is not a Japanese national. He then filed a lawsuit seeking to overturn the decision, invoking Article 25 of the Constitution in his challenge.

Key Facts at a Glance

• The plaintiff is a 36-year-old Ghanaian man being treated for chronic kidney failure.
• The city of Chiba rejected his welfare application under the Public Assistance Act because he is a foreign national.
• The Supreme Court's Second Petty Bench found the plaintiff had no grounds for a final appeal.
• The Sept. 9 decision did not address the constitutional issue.
• Presiding Justice Mamoru Miura, a former prosecutor, was the sole dissenter among the four justices.
• Miura said the exclusion of foreign nationals undergoing medical treatment from benefit eligibility is unconstitutional and invalid.

What the Ruling Means

The dismissal leaves the city of Chiba's rejection in place. Because the top court declined to rule on the constitutional issue, the question of whether foreign nationals undergoing medical treatment should be eligible for benefits under the Public Assistance Act remains unresolved, even as the sole dissent drew attention to the plight of seriously ill foreign residents.