DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
Certificate of Eligibility (CoE):224
•
The CoE is issued by the Ministry of Justice in Japan free of charge, and generally
takes up to three months to process.
•
Application for the CoE must be filed with a regional Immigration Bureau in Japan.
•
The CoE serves as evidence that the foreign national meets the conditions for landing
in Japan.
•
A visa application can be made to the relevant Embassy or Consulate without a CoE,
but would require a large number of verifying documents and the processing would
be longer as the visa application documents would have to be sent to the Ministry of
Justice via the Ministry of Foreign Affairs in Japan for examination. The Philippines
requires applications made without a CoE to be filed only through accredited travel
agencies or registered Nikkeijin agencies.
C.9. Statelessness in Japan
Japan is not a State Party to the 1954 Statelessness Convention nor is it a State Party to
the 1961 Statelessness Convention. There is no provision in Japanese domestic law that
defines statelessness, there is no specific procedure for determining statelessness status,
and there is no procedure established for the protection of stateless persons. Yet, some
existing laws assume that an individual may be stateless, and determination of nationality
or statelessness is a criteria that can impact the decisions and procedures of government
agencies. Though it is inconsistent and somewhat ad hoc, “nationality and statelessness
determinations are conducted in practice.”225 In practice, some persons have “stateless”
written in the space provided for nationality on official documents,226 but this cannot be
said to be based on a definitive determination, but is rather the result of this more ad hoc
and inconsistent determination in each individual case.227
To see the current application form for a Certificate of Eligibility associated with the application of second, third, or fourth
generation Nikkeijin, refer to the Immigration Bureau website at: http://www.moj.go.jp/content/001290114.pdf.
224
UNHCR, Typology of Stateless Persons in Japan, December 2017, available at: https://www.refworld.org/
docid/5bb618b74.html.
225
For example, statistics on the number of resident foreigners include the nationality written on foreigner residence cards
or special permanent resident certificates issued in Japan, and records 687 persons registered as “stateless” (無国籍
[“mukokuseki”]) among the “total number of resident foreigners,” as of June 2019. Japan, Ministry of Justice, 在留外国人統計
(“Zairyu Gaikokujin Tokei” [Foreign Resident Statistics]), June 2019 (published in December 2019), available at: https://www.estat.go.jp/stat-search/files?page=1&layout=datalist&toukei=00250012&tstat=000001018034&cycle=1&year=20190&month=120
40606&tclass1=000001060399&stat_infid=000031886381&result_back=1&cycle_facet=cycle). The statistic does not include
stateless persons without residency permits, and also cannot be said to be based upon a determination, but rather is the result
of a more ad hoc and inconsistent practice.
226
UNHCR, Typology of Stateless Persons in Japan, December 2017, available at: https://www.refworld.org/
docid/5bb618b74.html.
227
74
UNHCR / April 2021
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