Category D [Consulate denial II (Persons similarly situated as refugees)] Persons unable
to have their birth registered or a passport issued, etc., due to rejection by relevant
consular authorities (or inability to pursue such assistance) for reasons related to their
status being similar to refugees (Sample cases from Vietnam and Myanmar)
Category D covers statelessness or risk of statelessness which is caused when persons who
are not recognized as refugees under the 1951 Refugee Convention but are accepted in
Japan as “settled refugees” or on “humanitarian grounds” cannot have their birth registered
or passport issued, etc., by the consular authorities of the country of origin.
< Case 7 > involves a second-generation Indochinese refugee who has remained unable to
register herself as a national with the Vietnamese embassy in Japan, as her parents may
possibly have lost their Vietnamese nationality and are without documents to prove their
nationality.
< Case 8 > involves a second-generation Myanmar refugee who was born in Japan after
his or her parents arrived in Japan through third country resettlement but is highly likely to
be refused birth registration with the Myanmar embassy due to the fact that his or her
parents are without a valid Myanmar passport.
1. Introduction
In addition to refugees who have been recognized as such under the 1951 Refugee
Convention, Japan has admitted so-called “settled refugees (teijuu nanmin)”. Before and
after the end of the 1975 Vietnamese war, a mass-exodus of people occurred from the
three Indochinese countries, i.e. Vietnam, Laos, and Cambodia. Japan also started to
receive so-called "boat people" and admitted 11,319 Indochinese refugees from the
abovementioned three countries between 1978 and 2005.151
Thirty years later, Japan introduced what is now referred to as a third country
resettlement program to admit persons staying temporarily in places like refugee camps
outside Japan. In the seven years between 2010 to 2016, Japan admitted a total of 123
refugees from Myanmar staying in refugee camps in Thailand or in Malaysia as "resettled
refugees" by accepting some dozens consisting of several families every year. 152 The
151
Ministry of Foreign Affairs, “Kokunainiokeru Nanminno Ukeire [Acceptance of Refugees into Japan]”
(October 2016), at http://www.mofa.go.jp/mofaj/gaiko/nanmin/main3.html.
152
Ministry of Foreign Affairs, “Daisangoku Teijuu Nanmin (Dai 7 Jin) Nitaisuru Teijuu Shien Puroguramuno
Kaishi [Settlement Assistance Programme Begins for Resettled Refugees (7th Group)]” (October 2016),
at http://www.mofa.go.jp/mofaj/press/release/press4_003777.html.
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