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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