ability as to how much of the tax amount can be considered to be the threshold, beyond
which the payment is considered practically impossible or extremely difficult.
In light of the above, it is difficult to identify how many cases exist in Japan of persons
who can be considered stateless under the “operation of law” where Chinese, Myanmar, or
other countries’ consulates or embassies treat the individuals concerned in the same or
similar manner as above.
4. Solutions for Category H
(1) Prevention
As stated above, as this category of statelessness or risk of statelessness is related to
the treatment of the embassies or consulates of different countries, it is difficult for the
government of Japan to make requests to these embassies or consulates to make
improvements and so on. Thus, it is not easy to prevent statelessness under Category H
from arising.
(2) Protection and reduction
The responses by the immigration authorities differ in relation to Case 15 and Case
16. Neither of the persons involved in these cases have had their births registered with
the relevant embassy or consulate. However, the person in Case 15 has been determined
to be “stateless” in the Immigration Bureau’s examination of his or her stay, and the
person in Case 16 has been determined to be of “Myanmar” within the deportation
procedure. The difference is that the person in Case 15 had assistance from experts or
an assistance organization from the time of birth, and the denial of the birth registration
by the embassy had already been clear at the time of the relevant procedure. In contrast,
in Case 16, the legal representative/attorney was contacted by the mother concerned
only after she had already been detained and issued with a deportation order, and thus
by that time the nationality determination by the Immigration Bureau had already been
accomplished. What followed afterwards also differed significantly. In Case 15, the
person concerned had been adopted by a Japanese couple through the special adoption
procedure and had access to Japanese nationality. However, the person in Case 16 was
not cared for by his or her mother and had been living in a child care institution.
Furthermore, the fact that the Japanese administrative bodies deem him or her to be of
Myanmar nationality while he or she does not appear to be recognized as a national by
any country makes his position all the more vulnerable.
As seen above, it is important from a protection point of view to establish a system
where the persons concerned can rapidly and easily access assistance by legal
professionals or aid organizations. This is because of the reality that the outcome of the
cases can significantly differ depending on the point in the process at which aid
organizations or experts become involved.
108
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents