as “the nationality of an individual is determined by laws of a State recognized by Japan.”34 Since the ICRRA was amended in 1998, passports issued by the Taiwanese authorities are considered as “passports” under the ICRRA, and the “country of nationality or region” of a person in possession of a passport issued by the Taiwanese authorities is understood as “Taiwan”.35 Nevertheless, in practice, it has been reported that persons who had a “nationality permit” issued by internal Taiwanese authorities prior to the establishment of diplomatic relations between Japan and China used to be allowed to change their “nationality” shown on their (former) alien registration certificates from “China” to “stateless” as persons who had lost their Chinese nationality. 36 Thus, the treatment of the nationality of persons from Taiwan has complex aspects.37 On this issue, the Japanese government denies the necessity of unifying the criteria for the determination of statelessness. In other words, the government indicates its understanding that, because the procedure relating to the entry and residence of foreign nationals, on the one hand, and the procedure of acquisition of Japanese nationality under the Nationality Act, on the other, have the differing objectives of immigration control and the acquisition of Japanese nationality, respectively, they are different in nature. Thus, the criteria for the determination of statelessness could be different in each procedure, and it is not necessary to establish unified criteria for determinations of statelessness.38 34 Koseki Jihou No. 741 (2016), pp.78-79; Koseki Jihou No. 579 (2005), pp.57-58. The staff of the Civil Affairs First Division, Civil Affairs Bureau, Ministry of Justice, provides commentary on nationality matters. 35 This is because Taiwan has been designated as a “region as provided for by Cabinet Order” in ICRRA’s Article 2(v)(b). 36 Masako Aizawa, “736 Gaikokujin Touroku Shoumeishoni ‘Mukokuseki’ to Kisaisareteiru Baaino Kokusekino Ninteinitsuite [736, Nationality Determination When ‘Stateless’ is Indicated on the Alien Registration Certificate]”, Koseki No. 772 (2005), pp.47-48. 37 Practitioners in the administration explain that those who had obtained a certificate for loss of nationality issued by the Government of Taiwan prior to the normalization of diplomatic relations between Japan and China used to be treated as stateless. However, since 29 September 1972, the certificates for loss of nationality issued by the Taiwanese authorities have no validity as documentary proof regarding nationality; therefore, such persons should be recognized as still having Chinese nationality. Ministry of Justice, Civil Affairs Bureau, Fifth Division, Kokuseki Jitsumu Kenkyuukai [Study Group on Nationality Practice], Kokuseki, Kika no Jitsumusoudan [Practical Consultation on Nationality and Naturalization] (Nihon Kajo Shuppan, 1993), p.178. It was indeed during this time of confusion when the diplomatic relations between Japan and Taiwan was severed as a result of the normalization of diplomatic relations between Japan and China, that Chen Tien Shi, the author of Mukokuseki [Stateless] and her family obtained Taiwanese certificates for loss of nationality and the nationality column on her alien registration certificate in Japan was reportedly changed to “stateless”. Chen, supra note 15, Mukokuseki, pp.35-39. 38 Fukushima Mizuho Sangiin Gin “Mukokuseki Mondainikansuru Shitsumon Shuisho” Nitaisuru 2014 (Heisei 26) Nen 6 Gatsu 20 Nichiduke Seifu Toubensho (Naikaku San Shitsu 186 Dai 127 Gou) [The Government Response on 20 June 2014 to the “Memorandum on Questions in the Diet concerning Statelessness Issues” Submitted by Mizuho Fukushima, Member of the House of Councillors (No.186- 29

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