The Tokyo District Court affirmed the cancellation of the deportation order issued to
A, acknowledging that there were procedural errors as A did not understand the
deportation procedures that designated Vietnam as the destination country of
deportation. After the positive decision by the District Court and after A’s expression of
his or her wish once again to stay in Japan, the Minister of Justice issued A special
permission to stay and granted a long-term residency permit.218 A still resides in Japan
to date.
2. Possibility of acquiring the nationality of a relevant State
(1) Vietnam
The 1945 Nationality Act of Vietnam adopted the paternal jus sanguinis principle, but
after the end of the Vietnam War and the change of the political regime, the country
enabled both fathers and mothers to pass on Vietnamese nationality to children by jus
sanguinis.
Article 15 of the current nationality law also states that “a child born inside or outside
the Vietnamese territory whose parents, at the time of his or her birth, are both
Vietnamese citizens has Vietnamese nationality.” Thus, based on A’s statement that his
or her parents are Vietnamese nationals, A can be considered to possess Vietnamese
nationality as far as the text of the Vietnamese law is concerned.
However, when A’s legal representative/attorney visited the Vietnamese embassy in
Japan and inquired on the possibility that A has acquired Vietnamese nationality, he or
she was told that
with regard to Vietnamese refugees or second-generation persons who have
previously stayed in Thailand, unless the person concerned or his or her parents
have a birth certificate or other official documents issued by the Vietnamese
authorities, we are unable to accept him or her as our national. Furthermore,
even if the person can produce such a document, the negotiation for admission
to Vietnam is to be done through the Vietnamese embassy in Thailand.
With regards to this, A’s parents had already passed away and A did not hold any official
documents issued by the Vietnamese government to them. Furthermore, by the time the
Vietnamese embassy was contacted, A had already been illegally staying and had no
prospect of being re-admitted to Thailand, and it was practically impossible for A to
confirm his or her Vietnamese nationality in Thailand.
At any rate, A has indeed not visited Vietnam even once since A’s birth, and A has no
family or acquaintances who can be contacted in Vietnam and does not speak the
Vietnamese language. A has never thought him or herself to be a Vietnamese national
and his or her substantive bond with Vietnam had become quite remote.
218
ICRRA Article 50(1). See supra note 122.
111
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