On the other hand, with regard to the deportation procedure, it seems that there is no document such as an internal guideline providing the criteria for determining statelessness. In practice, nationality is determined based on the passport or other documents providing proof of identity if the suspect is in possession of such documents; and in other cases, based on the country of nationality of the parents, and the laws and regulations concerning nationality of the country of nationality of the parents; and, when it is not possible to confirm the fact that the suspect has a particular nationality, he or she is considered as stateless.28 (3) Act on General Rules for Application of Laws The Act on General Rules for Application of Laws, which provides the criteria for determining the applicable law in relation to juridical acts including those concerning personal status such as marriage and divorce, states that, “In cases where the national law of a party concerned shall govern, if the party has no nationality, the law of his or her habitual residence shall govern,” in Article 38(2). Therefore, for stateless persons, the applicable law regarding personal status such as marriage and divorce is the law of his or her habitual residence. In case a stateless person undertakes a juridical act relating to personal status in Japan, Japanese law shall be the governing law; therefore, determining whether or not a person is stateless is important. Looking at relevant juridical cases, one regards a claim for special adoption, where the family court found a minor to be stateless even though the minor’s natural mother was of Chinese nationality, and the court was deciding the governing law for the person to be adopted in order to determine the requirements for interstate adoption (Article 31(1), Act on General Rules for Application of Laws).29 The family court noted that, while it can be said that the minor essentially has Chinese nationality according to Article 5 of the Nationality Act of the People’s Republic of China … the circumstances of the case are such that the necessary procedure is not merely incomplete, but also, the birth registration has been rejected by the Chinese Embassy. Based on the above, the court found that it is considered to be inappropriate to treat the minor as a Chinese national in this case, given the fact that whether or not the minor has Chinese nationality is 28 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)]. 29 For details of the case, see Chapter 2, Category H, Case 15 below. 27