required facts that he or she was in Georgian territory on 31 March 1993 or that he or she left Georgia after 21 December 1991. Thus, it is highly unlikely that A would be able to acquire Georgian nationality as A is unable to establish the fulfilment of either Article 30(1)(a) or (c) of the Organic Law of Georgia on Georgian citizenship of 2014. As stated above, A has not acquired Georgian nationality and has not been recognized by the Georgian government as its national. A has not acquired the nationality of any other State and is very unlikely to acquire Georgian nationality as stated above, and thus A is a stateless person not considered a national by any country. 3. Response by Japan A does not have a residency permit and thus does not possess a foreigner residency card with mid- or long-term resident status. A has been granted a provisional release permit and now goes to the relevant regional immigration bureau almost every month in order to have his or her place of residence confirmed and to have the provisional release permit renewed. A is unable to engage in gainful employment or to enroll him or herself in the social insurance system. A sustains a living by receiving a small amount of livelihood assistance for asylum-seekers for having applied for refugee status once again and simultaneously filing a suit.226 It is noted however that the financial aid he or she currently receives will be terminated as soon as the litigation comes to an end. Indeed, A previously fell into extreme poverty for five months after the rejection at the appeal instance for his or her first refugee status application until the on-going litigation was filed, having to rely on some charity organizations’ assistance. In terms of the country of destination for deportation, the relevant law provides that when a stateless person is to be deported from Japan, the deportation is enforced to countries such as the country in which he or she had lived immediately prior to entering Japan “pursuant to his or her wishes” as he or she does not have country of nationality.227 226 Under a programme commissioned by the Ministry of Foreign Affairs, the Refugee Assistance Headquarters (RHQ) of the Foundation for the Welfare and Education of the Asian People provides financial assistance, etc., to asylum applicants. (However, the amount is significantly lower than the criteria for public assistance.) See http://www.rhq.gr.jp/japanese/profile/business.htm. 227 ICRRA Article 53 (1): “Any person subject to deportation shall be deported to a country of which he or she is a national or citizen”; (2): “If the person cannot be deported to such country as set forth in the preceding paragraph, such person shall be deported to any of the following countries pursuant to his or her wishes: (i) A country in which he or she had been residing immediately prior to his or her entry into Japan; (ii) A country in which he or she once resided before his or her entry into Japan; (iii) A country containing the port or airport where he or she boarded the vessel or aircraft departing for Japan; (iv) A 118

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents