disadvantage to the person concerned is to be emphasized, the age for restricting
nationality loss should be lowered even further. From the point of view of these
considerations, paragraph (2), for example, should be added to the current Article 2 of
the Nationality Act to perhaps state “a person who has acquired Japanese nationality
under each item of the previous paragraph of this article shall retain such nationality if it
becomes clear, after he or she has reached 20 years of age, that he or she does not fulfill
the requirements under the abovementioned items” or something to that effect.
A solution from a different point of view than the above includes giving retroactive
effect to the recognition of parentage in relation to the acquisition of nationality if a
person’s descent from a parent which formed the basis for his or her acquiring Japanese
nationality is denied and such denial has retroactive effects. This would require a change
in Supreme Court jurisprudence or new legislation, but this proposal is also significant in
terms of ensuring a consistent interpretation of the effects that parentage recognition
have. However, this change would only be effective in situations like the
abovementioned case where the biological father (who recognized the person concerned)
is also of Japanese nationality, where Japanese nationality is temporarily lost and
retroactively re-acquired. In cases where, e.g., the biological parent of the person who
has lost Japanese nationality is unknown, the person will remain without a Japanese
nationality. Thus, this measure is not sufficient as a preventative measure.
(2) Protection
As is clear from the sample cases in Category E, if a retroactive loss of nationality occurs
due to a change in a person’s personal status, the person concerned would be in practice
treated as an illegally staying foreigner in a retroactive manner. However, this treatment is
highly unreasonable and harsh in light of the fact that the person concerned has been living
as a Japanese national up to that point of time. At least the person’s status as a regular
stayer should be ensured by changing the Immigration Bureau’s practice so as to allow the
person to acquire residency status (as a foreigner) if he or she is within 30 days of a loss of
Japanese nationality.188
188
It is an issue of interpretation of the starting point in ICRRA Article 22-2 (2), which provides that “[a
foreign national] … shall apply to the Minister of Justice for the acquisition of a status of residence in
accordance with the procedures pursuant to the provisions of an Ordinance of the Ministry of Justice
within 30 days, on and after the date of his or her renouncement of Japanese nationality, birth, or other
cause.” For example, if the timing of the final court decision on non-existence of parent-child
relationship (by which Japanese nationality is treated as having been lost retroactively) is interpreted as
the “date of other cause”, then it would be possible to acquire a status of residence by application within
30 days from that date.
On the other hand, in immigration practice, sometimes a status of residence is granted even after the
30 days by “special acceptance”, without undergoing the deportation procedures; a flexible approach
including “special acceptance” would be most desirable. Concerning this issue, a case was reported in
the 25th Statelessness Workshop held on 16 June 2017 at Yotsuya Hoken Center (Tokyo), in which the
Immigration Bureau in the 1980s granted a status of residence by special acceptance to an individual
88
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