DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS For example, in a Study commissioned by UNHCR analyzing a typology of stateless persons in Japan, reference is made to a Circular from the Director-General of Civil Affairs Bureau, Ministry of Justice, to directors of Legal Affairs Bureaus and District Legal Affairs Bureaus dated 6 July 1982 (Ministry of Justice, Min Daini Daiyon No. 2-4-265), that speaks directly to the issue of statelessness. The circular calls for careful consideration regarding statelessness, stating that there have been cases of a person being registered as “stateless” by the Immigration Bureau “merely because he or she is unable to prove his or her nationality,” and that the child of such person has then been “erroneously processed as a Japanese national” under Article 2(iii) of the Nationality Act.228 The circular requires the Head of the Municipality to request instruction from the responsible legal affairs bureau or else not to accept such a birth registration.229 With this understanding, a person may be found to be “without nationality” in immigration procedures, but be found to have a nationality in procedures for civil registration. Also, a government notice dated in 2007 has been issued finding that “without nationality” in Article 2(iii) of the Nationality Act should be interpreted not to apply to a person who is from a region which is not recognized as a State (such as Palestine), so that children born in Japan from Palestinian parents cannot acquire Japanese nationality based on Article 2(iii) of the Nationality Act.230 On the other hand, in the same study on typologies, reference is made to an unpublished Family Court decision which held that Article 2(iii) of the Nationality Act applied to a child whose legal father was unknown, and whose mother was without nationality because “there was no evidence to prove that the mother had the nationality of a relevant State.”231 This decision would seem to be in slight opposition to the circular described above because the court recognized the applicability of Nationality Act Article 2(iii) in circumstances where the nationality was difficult to prove. Although, one could say that the circular still allows for a similar decision to be made as it ultimately grants discretion in these matters to the responsible legal affairs bureau. The ICRRA includes provisions regarding statelessness in its deportation procedures. UNHCR, Typology of Stateless Persons in Japan, December 2017, available at: https://www.refworld.org/ docid/5bb618b74.html. 228 229 Ibid. Hosaka Nobuto Shuugiin Giin “Paresuchinajinno Kodomono Kokusekitounikansuru Shitsumon Shuisho” nitaisuru, 2007 (Heisei 19) nen 12 gatsu 11 nichiduke Seifu Toubensho (Naikaku Shuu Shitsu 168 Dai 280 Gou) [Government Response on 11 December 2007 to the “Memorandum on Questions in the Diet concerning Nationality of Palestinian Children” submitted by Nobuto Hosaka, member of the House of Representatives (No.168-280, Questions in the House of Representatives, Cabinet)]. http://www.shugiin.go.jp/internet/itdb_shitsumon.nsf/html/shitsumon/b168280.html. 230 UNHCR, Typology of Stateless Persons in Japan, December 2017, available at: https://www.refworld.org/docid/5bb618b74. html (citing to Tokyo Family Court Tachikawa Branch, unpublished adjudication on 5 December 2016). 231 UNHCR / April 2021 75