required facts that he or she was in Georgian territory on 31 March 1993 or that he or she
left Georgia after 21 December 1991. Thus, it is highly unlikely that A would be able to
acquire Georgian nationality as A is unable to establish the fulfilment of either Article
30(1)(a) or (c) of the Organic Law of Georgia on Georgian citizenship of 2014.
As stated above, A has not acquired Georgian nationality and has not been recognized
by the Georgian government as its national. A has not acquired the nationality of any other
State and is very unlikely to acquire Georgian nationality as stated above, and thus A is a
stateless person not considered a national by any country.
3. Response by Japan
A does not have a residency permit and thus does not possess a foreigner residency
card with mid- or long-term resident status. A has been granted a provisional release
permit and now goes to the relevant regional immigration bureau almost every month in
order to have his or her place of residence confirmed and to have the provisional release
permit renewed. A is unable to engage in gainful employment or to enroll him or herself
in the social insurance system. A sustains a living by receiving a small amount of livelihood
assistance for asylum-seekers for having applied for refugee status once again and
simultaneously filing a suit.226
It is noted however that the financial aid he or she currently receives will be terminated
as soon as the litigation comes to an end. Indeed, A previously fell into extreme poverty
for five months after the rejection at the appeal instance for his or her first refugee status
application until the on-going litigation was filed, having to rely on some charity
organizations’ assistance.
In terms of the country of destination for deportation, the relevant law provides that
when a stateless person is to be deported from Japan, the deportation is enforced to
countries such as the country in which he or she had lived immediately prior to entering
Japan “pursuant to his or her wishes” as he or she does not have country of nationality.227
226
Under a programme commissioned by the Ministry of Foreign Affairs, the Refugee Assistance
Headquarters (RHQ) of the Foundation for the Welfare and Education of the Asian People provides
financial assistance, etc., to asylum applicants. (However, the amount is significantly lower than the
criteria for public assistance.) See http://www.rhq.gr.jp/japanese/profile/business.htm.
227
ICRRA Article 53 (1): “Any person subject to deportation shall be deported to a country of which he
or she is a national or citizen”; (2): “If the person cannot be deported to such country as set forth in the
preceding paragraph, such person shall be deported to any of the following countries pursuant to his or
her wishes: (i) A country in which he or she had been residing immediately prior to his or her entry into
Japan; (ii) A country in which he or she once resided before his or her entry into Japan; (iii) A country
containing the port or airport where he or she boarded the vessel or aircraft departing for Japan; (iv) A
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