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Japanese as stateless persons born and raised in Japan. However, their parents did not
attempt neither. The orphanage staff who took care of their case recalled that, although
the father loved his wife and children, he seemed to have avoided registering the children
because he was afraid his wife’s undocumented status would be discovered. As a result,
Masato and Naoto were de facto stateless.
At six and four years old, respectively, Masato and Naoto believed their considered
nationality was Thai. According to the orphanage staff, when Naoto was five and
Masato was three, their mother suddenly ‘left home’, and their father approached the
child guidance centres, claiming that he could not care for them because of work. Soon
after, they moved to the orphanage, and child protective service officials discovered that
both children and their parents’ marriage were unregistered. The officials approached
the Thai consul in Japan, submitting a copy of the mother’s expired Thai passport.
Until 2008, if Japanese fathers did not complete the official procedure of ‘before birth
acknowledgement’ for a child born to a foreign national partner with whom they were
not married, the child had almost no legal means to acquire Japanese nationality
(Suzuki 2015). After several months, ‘they finally received good news’ (orphanage staff
member, January 1, 2018). The Thai consul official told the Japanese child protective services that, according to the documents that were sent, the children were Thai nationals.
The orphanage staff thus ‘felt great knowing their Thai nationality was acknowledged
by their government’ (interview, January 1, 2018). After that, Masato and Naoto
‘became Thai’ both by their identification and via official documents issued by the Japanese government. The orphanage staff did request the children’s passports from the
Thai consulate ‘simply because both children did not have any plan to go abroad’ (orphanage staff member, January 1, 2018). The staff believed that ‘the embassy staff says they are
Thai. So, they could receive them anytime they apply, anyway’ (orphanage staff member,
January 1, 2018). In reality, although Masato and Naoto believed themselves to be Thai,
they were not registered as Thai nationals in Thailand.
Until their mid-twenties, because they believed themselves to have a national identity,
Masato and Naoto continued to miss opportunities to register their nationalities, and their
status shifted over time from de facto to de jure stateless. The children’s father, who visited
them regularly, died five years after they moved to the orphanage. According to Japanese
law, this presented an opportunity for them to acquire Japanese nationality if they had
applied for it within three years of their father’s death (Ishikawa 1991). However,
Masato and Naoto believed they were Thai, and the adults caring for them and surrounding them did not consider applying for Japanese nationality, as they also believed the children to be Thai (orphanage staff member, January 1, 2018).
After almost two decades of separation from their parents, Masato and Naoto suddenly
found themselves stateless. At 22, several years after leaving the orphanage, Masato was
arrested for fighting and possessing illegal drugs. The Japanese government revoked his
visa and ordered his deportation to Thailand. However, the Thai authorities did not
accept Masato because he was not a Thai national. Masato ultimately recognised that
his status depended on the testimony of an unknown officer from two decades ago,
which lacked any formal authority in Thailand.
As Masato and Naoto’s ties with their mother had been severed for decades, there was
no way to certify their Thai nationality. At 22 years old, Masato could not claim a child’s
right to Japanese nationality. The only way he could acquire Japanese nationality was