Category C [Consulate denial I (Refugees)] Persons unable to have their birth registered
or a passport issued, etc., due to rejection by relevant consular authorities (or inability
to pursue such assistance) for refugee related reasons (Sample cases from Myanmar,
Cameroon, and China)
Category C of statelessness or the risk of statelessness is caused when an individual, who
is a refugee under the 1951 Refugee Convention, is unable to have his or her birth
registered or passport issued, etc., by the authorities of his or her country of origin such as
at the consulate located in Japan.
< Case 4 > considers Myanmar refugees who, under the Myamarese government’s policy
regarding the loss of nationality, are unable to register their nationality or obtain passports
even after the change of circumstances in Myanmar.
In < Case 5 >, an asylum seeker from Cameroon requested the Consulate Section of the
Embassy of Cameroon in Japan to reissue her passport due to the loss of her previous one.
Her request was denied for the reason that she was applying for asylum, and furthermore
the birth registration of her child was also denied.
In < Case 6 >, an asylum seeker from China applied for renewal of his passport, which was
about to expire, at the Consulate Section of the Embassy of China in Japan. The passport
was invalidated immediately on site.
1. Introduction
According to the Refugee Convention, a refugee is a person who, “owing to wellfounded fear of being persecuted for reasons of race, religion, nationality, membership
of a particular social group or political opinion, is outside the country of his nationality
and is unable, or owing to such fear, is unwilling to avail himself of the protection of that
country.”
As apparent from the definition above, refugees and asylum seekers are generally
highly unlikely to be able to avail themselves of diplomatic and consular protection as
nationals, even though they are nationals of their respective countries of origin. Even if
refugees and asylum seekers, after fleeing from their country of origin, give birth to
children in the country of asylum, they might be likely to hesitate to voluntarily get in
touch with the embassy or consulate of their country of origin for fear of the risk of
persecution. As a result, such children remain unregistered at birth with their country of
origin and may, depending on the circumstances of individual cases, be at risk of
becoming stateless. Moreover, even at a point when refugees and asylum seekers
recognize the situation in their country of origin to have improved, there are cases where
they have been denied the issuance of passports or birth registrations of children, upon
visiting the embassy or consulate in Japan and applying for such procedures.
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