As a result, A suddenly started to be treated as an “illegally staying foreigner” and not
as a Japanese national as soon the court decision to deny his previous paternal descent
was finalized.
A filed a lawsuit arguing that such an unfair treatment cannot be accepted and began
litigation with the Tokyo District Court to confirm his possession of Japanese nationality,
and he simultaneously filed a petition with the Tokyo Family Court to be newly registered
under the family register.168 At the same time, to cover all the bases, A approached the
Tokyo Immigration Bureau and explained his situation, but the Bureau then started to
process A under the deportation procedure, considering him to be a so-called “illegally
staying” foreigner.
At the end of the deportation procedure, the Minister of Justice, while recognizing
the fact that A had indeed “illegally stayed” in Japan, decided to grant Special Permission
to Stay (Article 50, ICRRA). With this decision, A became a “regularly staying alien”. A
immediately applied for naturalization with the Tokyo Legal Affairs Bureau, and the
Minister of Justice permitted his naturalization by processing his case faster than normal
cases. A became a Japanese national once again by naturalization.
Meanwhile, A’s petition to the family court for registration under the family register
was dismissed, and this result did not change when he appealed to the Tokyo High Court
and the Supreme Court. With regard to the litigation to confirm A’s possession of
Japanese nationality, it had to be withdrawn from the District Court due to A’s compelling
personal circumstances.169
(2) Possibility to acquire the nationality of a relevant country
a) Japan
Article 2(i) of the pre-1984 amendment (which came into force in 1985) provides that
a child acquires Japanese nationality at the time of birth “When, at the time of its birth,
the father is a Japanese national.” The “father” here, in practice, is understood to refer to
the child’s legal father (and not the biological father). It is interpreted that the acquisition
168
Family Register Act, Article 110(1). It is a procedure to request the family court to make an entry
into the family register in case the concerned individual is not listed in the family register even though
he or she has Japanese nationality. “The court procedure for the permission of creation of a family
register is a procedure to create a registered domicile for someone who does not have one, and to make
an entry in the family register, by permission of the family court.” “The family court grants permission
for creation of a family register, if it is found through the court proceedings that the concerned person
without a family register is a Japanese national, and that he or she is found to be “a person who has no
registered domicile” as provided in Article 110 (1) of the Family Register Act. See the website of the
Ministry of Justice, “Mukosekino Kataga Mizukarawo Kosekini Kisaisurutameno Tetsudukitounitsuite
[Procedures to Register Oneself in the Family Register]”, at
http://www.moj.go.jp/MINJI/minji04_00047.html#q3-6.
169
None of them has been published.
80
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