DESK REVIEW ON POPULATIONS AT RISK OF STATELESSNESS
internal guidelines or the Manual on the Essentials of Entry and Residency Examination, which
states that in issuing a foreigner residence card upon landing permission, “a person who is
without nationality or who cannot prove to have nationality is to be shown as ‘stateless.’”234
The typologies study also cites the Manual with regard to the residence of children who are
born in Japan, stating that the status of residence assigned to the child should be determined
according to the following criteria:
•
The country of nationality or region shown on the father’s foreigner residence card is
used if the father possesses a foreigner residence card.
•
If the father is unknown and the mother possesses a foreigner residence card, the
country of nationality or region shown on the mother’s foreigner residence card.
•
If it is apparent that the child is able to acquire the nationality of both father and
mother, and the child wishes to acquire the mother’s nationality, it is all right to use the
mother’s nationality.
•
The determination will be stateless if it is apparent that the child will be stateless
according to the country of nationality of the parents, and the provisions of that
country’s nationality laws.
Given the ad hoc nature of the determination in the cases of the nationality listed on the father
and mother’s residence cards, there is a risk that a nationality that the child does not actually
have may be used on their residence card. In practice, the Immigration Bureau appears to
accept nationality largely on the basis of a passport or other document providing proof of
identity, or in case such documents are unavailable, then based on the country of nationality
of the parents.235 Only when it is not possible to confirm the nationality through either of these
means, is the person considered stateless.
In Japan, the determination of whether or not a person is stateless may be made under the
Nationality Act, ICRRA, or the Koseki Act, and the criteria for such determinations differ and
are inconsistently applied. However, the Japanese government has stated that “because
UNHCR, Typology of Stateless Persons in Japan, December 2017, available at: https://www.refworld.org/docid/5bb618b74.html
(citing Immigration Bureau, Ministry of Justice, Nyuukoku, Zairyuu Shinsa Youryou [Guidelines on Immigration and Residence
Inspection] (Request for Disclosure of Administrative Documents. Date for Disclosure Decision: 4 December 2015. Houmushou
Kan Jou Dai 2511 Gou [No. 2511, Kan Jou, Ministry of Justice]), Part 6 Jouriku Shinsa [Landing Inspection], p.58.).
234
UNHCR, Typology of Stateless Persons in Japan, December 2017, available at: https://www.refworld.org/docid/5bb618b74.
html (citing to, See Itokazu Keiko Sangiin Giin “Wagakunino Mukokusekishano Chii Oyobi Sono Toriatsukainikansuru Shitsumon
Shuisho” nitaisuru, 2016 (Heisei 28) nen 12 gatsu 22 nichiduke Seifu Toubensho (Naikaku San Shitsu 192 Dai 59 Gou) [The
Government Response on 22 December 2016 to the “Memorandum on Questions in the Diet concerning the Status of Stateless
Persons and Their Treatment in Japan” Submitted by Keiko Itokazu, Member of the House of Councillors (No. 192-59, Questions
in the House of Councillors, Cabinet)].).
235
UNHCR / April 2021
77
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents