Category H [Consulate denial III (Others)] Persons understood to have acquired the nationality of the country concerned according to the text of the nationality law of that country, for whom nevertheless the relevant consular authorities refuse birth registration or the issuance of a passport (Sample cases from China, Myanmar) Category H covers statelessness or risks of statelessness that could arise for persons understood to have acquired the nationality of the country concerned according to the text of the nationality law of that country, for whom nevertheless the relevant consular authorities refuse birth registration or the issuance of a passport. < Case 15 > involves a person born in Japan out of wedlock to a woman of Chinese nationality while the man of Chinese nationality considered to be the biological father went missing. The person requested the Consular Section of the Chinese Embassy in Japan for birth registration and the issuance of a passport. While under the text of Chinese law he or she is considered to have acquired Chinese nationality at birth, the person concerned was denied both services due to being an illegitimate child, which put him or her in the situation of statelessness. < Case 16 > involves a person born in Japan out of wedlock to a female of Myanmar nationality whose biological father of Myanmar nationality went missing after the person’s birth. The person concerned approached the Embassy of Myanmar to register him or herself as a national of Myanmar. Even though under Myanmar law the person concerned is understood to have acquired Myanmar nationality by jus sanguinis, he or she was denied registration due to the fact that the abovementioned male, i.e., her biological father, had not completed his payment of tax during his stay in Japan. As such, the person can be understood to be stateless. 1. < Case 15 > A person born out of wedlock to a mother of Chinese nationality who has been denied birth registration by the Embassy of China in Japan208 A was born in 2015 in Japan to a mother, B, of Chinese nationality out of wedlock. B considered the male of Chinese nationality with whom she was in a relationship at the time she got pregnant to be A’s (biological) father. B then lost touch with the man, who disappeared after she told him of her pregnancy. B consulted the Chinese Embassy in Japan but “was told that in such cases where a child is born in Japan without the parents being married, the Chinese government can grant neither Chinese nationality nor a passport.” Furthermore, when asked by a staff member of Across Japan, a general 208 This is the same case as the one introduced in Chapter 1, Section 1, Sub-section 1(3) of this report. 103

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