therefore considered to be of unknown nationality. In such cases, if the parents are
determined as stateless based on the fact that they are registered as “stateless” under
their (former) alien registration and the birth registration of their child is processed as
such, then the child will be erroneously processed as a Japanese national. Therefore, in
the case of a birth registration of a child born in Japan from stateless parents or of a child
born out of wedlock in Japan from a stateless mother, the head of the municipality is to
request instruction from the head of the responsible legal affairs bureau, district legal
affairs bureau, or its branch office regarding whether or not to accept such a birth
registration.23
According to this circular, even if an individual is considered stateless by the
Immigration Bureau of the Ministry of Justice because he or she does not possess any
documentary proof of nationality, there are cases where the Civil Affairs Bureau of the
Ministry of Justice should consider the individual to have a nationality. In sum, there is a
possibility that persons of unknown nationality, for whom “without nationality” is
applicable, are subject to a more narrow interpretation in family register procedures than
in immigration procedures.
Also, in administrative practice, there is an interpretation that the phrase “without
nationality” in Article 2(iii) of the Nationality Act does not apply to a person who is from
a region which is not recognized as a State. Before this, persons from Palestine were
interpreted to be “without nationality”, and children born in Japan from Palestinian
parents acquired Japanese nationality based on Article 2(iii) of the Nationality Act.
However, this practice was changed by a government notice dated 3 October 2007,
which provides that people from Palestine are not to be treated as persons without
nationality.24
On the other hand, in the judiciary, there is a case regarding a claim for family
registration in which a family court applied Article 2(iii) of the Nationality Act to a child
born from a mother whose nationality was unknown.25 In this particular case, the claim
for family registration was allowed for the reason that the claimant had acquired
Japanese nationality by birth based on Article 2(iii) of the Nationality Act as a person born
23
Circular from the Director-General of Civil Affairs Bureau, Ministry of Justice, to directors of Legal
Affairs Bureaus and District Legal Affairs Bureaus, 6 July 1982, Ministry of Justice, Min Daini Daiyon
No.2-4-265. On the relations between the former Alien Registration System and the current Residency
Management System, see Section 2(1) below.
24
Hosaka Nobuto Shuugiin Giin “Paresuchinajinno Kodomono Kokusekitounikansuru Shitsumon Shuisho”
nitaisuru, 2007 (Heisei 19) nen 12 gatsu 11 nichiduke Seifu Toubensho (Naikaku Shuu Shitsu 168 Dai 280
Gou) [Government Response on 11 December 2007 to the “Memorandum on Questions in the Diet
concerning Nationality of Palestinian Children” submitted by Nobuto Hosaka, member of the House of
Representatives (No.168-280, Questions in the House of Representatives, Cabinet)].
http://www.shugiin.go.jp/internet/itdb_shitsumon.nsf/html/shitsumon/b168280.htm.
25
Tokyo Family Court Tachikawa Branch, unpublished adjudication on 5 December 2016. For details
of the case, see Chapter 2, Category G, Case 14. On the family register, see the description in Chapter
2, Category M [Persons without a Japanese family register], 1 (1). On the creation of the family register,
see note 168 below.
24