This issue comes down to, in the end, whether to prioritize the prevention of multiple nationalities (even temporarily) or the prevention of statelessness. For the persons concerned, the disadvantage of statelessness occurring is more serious, and so its prevention should be prioritized. In this context, the Japanese Nationality Act requires, as a condition for naturalization, that an applicant “has no nationality, or the acquisition of Japanese nationality will result in the loss of foreign nationality” (Article 5(1)(v)). Thus, renunciation of nationality prior to naturalization is not a requirement. Rather, it is acceptable under the law that the person loses his or her current nationality by acquisition of Japanese nationality. There is no legal basis for requesting applicants to renounce their present nationality. In this regard, there was a case where a child was born after the parents renounced their previous nationality for the purpose of naturalization but before their naturalization was granted. In this case, the government acknowledged the acquisition of Japanese nationality for the child by birth under Article 2(iii) of the Japanese Nationality Act, recognizing that the parents were stateless.192 While the case is indeed remedied, this issue would not have to have arisen if the parents had not become stateless. (2) Protection As apparent from cases 11 and 12, when statelessness cases arise out of “naturalization failure” or “nationality restoration failure” the Immigration Bureau should allow the affected persons to acquire residency permits, at least during the 30 days of loss of nationality, and ensure at least the lawful stay.193 This is a common recommendation, as it is in Category E [Change of personal status]. Apart from this, as for the other categories, streamlining the systems to determine statelessness and to protect stateless persons would be useful. (3) Reduction Especially with regard to “nationality restoration failure” cases, as stated in relation to Category B [State succession I], it is desirable to utilize humanitarian considerations to resolve statelessness in a rapid manner by facilitating the naturalization of stateless persons regardless of their birth in or outside Japan. 192 Osamu Akiba, “Nihoneno Kikano Kyokawo Shinseishi, Kikano Joukenwo Sonaerutameni Jyuuzenno Kokusekiwo Houkishita Kotoniyori Mukokusekishato Natteiru Gaikokujin Fuufunitsuki, Kikaga Kyokasareru Maeni Koga Shusseishita Baainiokeru Shusshou Todokeno Shori Oyobi Tougaishiwo Kika Kyokagono Fuufuo Kosekini Douseki Saserutameno Tetsudukinitsuite [Procedures regarding the birth report of a child born to a foreign couple who has become stateless due to the fact that they applied for naturalization in Japan and renounced their former nationality as a precondition for naturalization, before the parents’ naturalization was permitted; and the procedure to enter the child into the family register of the couple after the permission of the parents’ naturalization”, Koseki, No. 923 (2016), pp. 11-13. 193 ICRRA Article 22-2. See supra note 189. 94

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