This means the destination of deportation needs to be determined after verifying the
concerned person’s wish and taking it into consideration. However, while A wished to be
deported to a country other than Georgia, the relevant regional immigration bureau had
designated Georgia to be the destination country.
At any rate, deportation of a stateless person is not enforceable unless the designated
country of destination is willing to accept such a stateless person. In such a case, the
stateless person concerned is highly likely to either remain in detention indefinitely or
left without financial means to sustain his or her living while under a provisional release
permit. In particular, currently gainful employment of illegal stayers is being rigorously
cracked down. Those who employ illegal stayers are highly likely to be punished, which
makes it difficult to find any employment in reality.228
4. Possible size of Category J
(1) Unique nature of this category
Case 18 represents persons whose previous country of nationality disintegrated, and
who could not acquire the nationality of the successor State. The cause of statelessness
is similar to that of Category B [State succession I]. While the statelessness of the person
involved in the case under Category B arose while he or she was in Japan, the situation
of persons under this category differs in the sense that they arrived in Japan after
becoming stateless abroad. Furthermore, there is a significant difference between
persons under Category B and this category in terms of their legal status upon entry into
Japan. In the case under Category B, the person involved arrived in Japan with an actual
nationality and a valid passport. In the case introduced for Category J, the person entered
Japan with a forged passport while already stateless. This difference can be attributed to
the fact that stateless persons face great difficulties in legally crossing the border.
Even a stateless person can be granted protection like other foreign nationals if
recognized as a refugee or granted special permission for residency on humanitarian
grounds. If this is not the case, a stateless person cannot receive effective protection in
Japan. A refugee status application was made in both cases under Categories B and J.
Unlike the person involved in the case under B, which had been granted certain kinds of
protection, the person in the case under J was not granted such protection. The person
in Category J’s case also represents the reality that even if a stateless person without a
residency permit is issued with a deportation order, its enforcement tends to be difficult
country where his or her place of birth is located; (v) A country which contained his or her birthplace at
the time of his or her birth; (vi) Any country other than those prescribed in the preceding items.”
228 In the lawsuit, the issues examined together with the legality of the rejection of refugee status
were the legality of issuing a deportation order designating a country clearly against the wishes of the
individual as the country of destination and whether or not issuance of a deportation order
designating a country with no possibility of deportation would qualify as degrading treatment under
ICCPR Article 7 and thereby be illegal.
119
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