From a protection point of view, it would be useful to streamline the systems for
statelessness determinations or for the protection of stateless persons, or the systems
related to residency permits or special permission for residency. These recommendations
are similar to the ones for Category A [Conflict of laws].
Furthermore, even if residency permits are not granted and deportation orders are to be
issued, affected persons should not be “assigned” a nationality by the immigration or other
authorities that they do not actually possess. Simply designating a specific country as the
“country of nationality” or “destination country for deportation” (Article 53 ICRRA) based
on the passport held by the person concerned or the country from which the person
originally comes, which criteria do not reflect reality, would result in situations where the
executions of deportation orders are either impossible or difficult. This may cause the
persons concerned to incur tremendous disadvantages, such as being detained in an
immigration facility for a long period (see Article 52(5) ICRRA and other provisions). This
sort of situation needs to be avoided. Thus, if the country of destination for deportation
cannot be identified, efforts need to be made to address the plight of the persons
concerned through measures such as special permission for residency (Article 50(1) of
ICRRA) in a rapid manner. It is hoped that the Immigration Bureau’s practice of avoiding
long-term detentions due to the inability or difficulties in deporting persons needs to be
systematic and consistent.
From a reduction point of view, as stated in Category B [State succession I], it is
necessary to establish a system which allows facilitated naturalization for stateless persons
in general, regardless of whether they are born in Japan or not. Furthermore, as a
prerequisite for this, continued and accurate information gathering would be required by
Japanese administrative bodies, starting with the Civil Affairs Bureau, on the system and
practice relating to acquisition of nationality in the countries of origin of the persons
concerned.
115
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