A Myanmar couple and their child seeking special residential status lost a court battle Friday in Tokyo to overturn a justice minister's rejection of their application.

Mayung Myinp, 45, his wife, Ma San Yu Pun, 36, and their 4-year-old daughter applied in September 1999 to the Justice Ministry for special permission to stay in Japan after staying here for years without legitimate visas, claiming they have become accustomed to living in this country.

The father came to Japan in 1990 on a three-month tourist visa and worked in a printing factory in Tokyo. His wife came to Japan in 1994, and their daughter was born here and now attends a public nursery school.

Their application for a special permit was turned down in February 2000 by then Justice Minister Hideo Usui.

In rejecting the family's appeal Friday, the Tokyo District Court said the justice minister has the sole legitimate power to decide on their application, as the government has the sole authority to make decisions on its immigration policy.

The ruling could lead to the immediate deportation of the family, but their lawyers indicated they would appeal the case to a higher court. They will be allowed to remain in the country until the court proceedings are concluded.

The family was one of five that jointly applied for the justice minister's permission in 1999 in the first collective effort by visa violators.

The special residential permission is considered the last resort for visa violators and is usually granted to those who are married to Japanese.

Twelve families and three individuals, mostly Iranians, have applied for such permission.

Five Iranian families totaling 20 people have so far been granted the special permits, while 12 families have seen their applications rejected.

Aside from the Myanmar family, two of the rejected Iranian families have filed lawsuits with the Tokyo court.

According to Asian Peoples Friendship Society, a citizens' group that has assisted the families' quest for legitimate residency permits, the Justice Ministry at least partly bases its decisions on whether a family has children who have spent many years at school in Japan and are accustomed to Japanese social customs.

The ministry's decision appears to hinge on whether the children attend junior high schools in Japan, officials of the group said.