either did not exist or were unavailable and could not be produced. The secondgeneration person subsequently moved to a third country, as a result of which
confirmation of the person’s nationality became practically impossible. While Categories
C and D [Consulate denial I (Refugees) and II (Persons similarly situated as refugees)]
cover descendants of refugees and persons similarly situated who are born in Japan, this
category covers persons born outside Japan who subsequently moved to Japan and who
may be refugees or persons similarly situated as refugees or migrants. These persons in
many cases have been without registration with the country of birth or country of origin,
and they tend to be compelled to use a forged passport to come to Japan.
On a separate note, it is notable that Thailand has taken a series of policy actions to
address statelessness as the country has borders with many States, and it has many
persons of undetermined nationality and stateless persons residing within the country.220
(2) Possible size of Category I
As stated in (1) above, persons falling within this category I tend to be found among
persons who arrived in Japan using a forged passport. However, it is unknown what
percentage of persons who arrive in Japan with a forged passport (Article 3(1)(i), Article
24(1) of ICRRA) 221 fall within this category. It is thus difficult to identify the overall
number of persons falling within this category.
5. Solutions for Category I
(1) Prevention
Statelessness under this category has already occurred outside Japan. It is difficult for
the Japanese government to prevent it from happening on its own, apart from extending
its support to the countries of origin in relation to streamlining their system of nationality
acquisition or generally stabilizing the international relations.
(2) Protection and reduction
It is difficult to envisage any measures that the government of Japan can take on its
own to protect persons within or to reduce this category of statelessness.
220
Yukari Oda, “Tainiokeru Higouhou Nyuukokusha Shisonto Mukokusekishaeno Kokuseki Fuyonotameno
Seisaku: 1992 Nenno Kokusekihou Kaiseito 2000 Nen Ikouno Shusseichi Shugi Tekiyou Youken Kanwawo
Chuushinni [Policy to Grant Nationality to Stateless People and Descendants of Illegal Entrants in
Thailand: with a Focus on the 1992 Amendment of Nationality Act and Easing of Requirements for
Application of Jus Solis after 2000]” Nihon Joshi Daigaku Ningen Shakai Kenkyuuka Kiyou [Japan Women’s
University Integrated Arts and Social Sciences Bulletin], No.22 (2016), pp.45-62.
221 The number of detention orders issued for reasons under ICRRA Article 24 (i) (illegal entry) was 954
in 2013, 756 in 2014, and 696 in 2015; Table 41 in each respective year’s “Shutsunyuukoku Kanri Toukei
[Immigration Control Statistics]”, at http://www.moj.go.jp/housei/toukei/toukei_ichiran_nyukan.html.
114
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