Category H [Consulate denial III (Others)] Persons understood to have acquired the
nationality of the country concerned according to the text of the nationality law of that
country, for whom nevertheless the relevant consular authorities refuse birth
registration or the issuance of a passport (Sample cases from China, Myanmar)
Category H covers statelessness or risks of statelessness that could arise for persons
understood to have acquired the nationality of the country concerned according to the text
of the nationality law of that country, for whom nevertheless the relevant consular
authorities refuse birth registration or the issuance of a passport.
< Case 15 > involves a person born in Japan out of wedlock to a woman of Chinese
nationality while the man of Chinese nationality considered to be the biological father went
missing. The person requested the Consular Section of the Chinese Embassy in Japan for
birth registration and the issuance of a passport. While under the text of Chinese law he or
she is considered to have acquired Chinese nationality at birth, the person concerned was
denied both services due to being an illegitimate child, which put him or her in the situation
of statelessness.
< Case 16 > involves a person born in Japan out of wedlock to a female of Myanmar
nationality whose biological father of Myanmar nationality went missing after the person’s
birth. The person concerned approached the Embassy of Myanmar to register him or
herself as a national of Myanmar. Even though under Myanmar law the person concerned
is understood to have acquired Myanmar nationality by jus sanguinis, he or she was denied
registration due to the fact that the abovementioned male, i.e., her biological father, had
not completed his payment of tax during his stay in Japan. As such, the person can be
understood to be stateless.
1. < Case 15 > A person born out of wedlock to a mother of Chinese nationality who has
been denied birth registration by the Embassy of China in Japan208
A was born in 2015 in Japan to a mother, B, of Chinese nationality out of wedlock. B
considered the male of Chinese nationality with whom she was in a relationship at the
time she got pregnant to be A’s (biological) father. B then lost touch with the man, who
disappeared after she told him of her pregnancy. B consulted the Chinese Embassy in
Japan but “was told that in such cases where a child is born in Japan without the parents
being married, the Chinese government can grant neither Chinese nationality nor a
passport.” Furthermore, when asked by a staff member of Across Japan, a general
208
This is the same case as the one introduced in Chapter 1, Section 1, Sub-section 1(3) of this report.
103
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents