From a protection point of view, it would be useful to streamline the systems for statelessness determinations or for the protection of stateless persons, or the systems related to residency permits or special permission for residency. These recommendations are similar to the ones for Category A [Conflict of laws]. Furthermore, even if residency permits are not granted and deportation orders are to be issued, affected persons should not be “assigned” a nationality by the immigration or other authorities that they do not actually possess. Simply designating a specific country as the “country of nationality” or “destination country for deportation” (Article 53 ICRRA) based on the passport held by the person concerned or the country from which the person originally comes, which criteria do not reflect reality, would result in situations where the executions of deportation orders are either impossible or difficult. This may cause the persons concerned to incur tremendous disadvantages, such as being detained in an immigration facility for a long period (see Article 52(5) ICRRA and other provisions). This sort of situation needs to be avoided. Thus, if the country of destination for deportation cannot be identified, efforts need to be made to address the plight of the persons concerned through measures such as special permission for residency (Article 50(1) of ICRRA) in a rapid manner. It is hoped that the Immigration Bureau’s practice of avoiding long-term detentions due to the inability or difficulties in deporting persons needs to be systematic and consistent. From a reduction point of view, as stated in Category B [State succession I], it is necessary to establish a system which allows facilitated naturalization for stateless persons in general, regardless of whether they are born in Japan or not. Furthermore, as a prerequisite for this, continued and accurate information gathering would be required by Japanese administrative bodies, starting with the Civil Affairs Bureau, on the system and practice relating to acquisition of nationality in the countries of origin of the persons concerned. 115

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents