This issue comes down to, in the end, whether to prioritize the prevention of multiple
nationalities (even temporarily) or the prevention of statelessness. For the persons
concerned, the disadvantage of statelessness occurring is more serious, and so its
prevention should be prioritized.
In this context, the Japanese Nationality Act requires, as a condition for naturalization,
that an applicant “has no nationality, or the acquisition of Japanese nationality will result
in the loss of foreign nationality” (Article 5(1)(v)). Thus, renunciation of nationality prior
to naturalization is not a requirement. Rather, it is acceptable under the law that the
person loses his or her current nationality by acquisition of Japanese nationality. There is
no legal basis for requesting applicants to renounce their present nationality.
In this regard, there was a case where a child was born after the parents renounced
their previous nationality for the purpose of naturalization but before their naturalization
was granted. In this case, the government acknowledged the acquisition of Japanese
nationality for the child by birth under Article 2(iii) of the Japanese Nationality Act,
recognizing that the parents were stateless.192 While the case is indeed remedied, this
issue would not have to have arisen if the parents had not become stateless.
(2) Protection
As apparent from cases 11 and 12, when statelessness cases arise out of “naturalization
failure” or “nationality restoration failure” the Immigration Bureau should allow the affected
persons to acquire residency permits, at least during the 30 days of loss of nationality, and
ensure at least the lawful stay.193 This is a common recommendation, as it is in Category E
[Change of personal status].
Apart from this, as for the other categories, streamlining the systems to determine
statelessness and to protect stateless persons would be useful.
(3) Reduction
Especially with regard to “nationality restoration failure” cases, as stated in relation to
Category B [State succession I], it is desirable to utilize humanitarian considerations to
resolve statelessness in a rapid manner by facilitating the naturalization of stateless persons
regardless of their birth in or outside Japan.
192
Osamu Akiba, “Nihoneno Kikano Kyokawo Shinseishi, Kikano Joukenwo Sonaerutameni Jyuuzenno
Kokusekiwo Houkishita Kotoniyori Mukokusekishato Natteiru Gaikokujin Fuufunitsuki, Kikaga Kyokasareru
Maeni Koga Shusseishita Baainiokeru Shusshou Todokeno Shori Oyobi Tougaishiwo Kika Kyokagono Fuufuo
Kosekini Douseki Saserutameno Tetsudukinitsuite [Procedures regarding the birth report of a child born to
a foreign couple who has become stateless due to the fact that they applied for naturalization in Japan
and renounced their former nationality as a precondition for naturalization, before the parents’
naturalization was permitted; and the procedure to enter the child into the family register of the couple
after the permission of the parents’ naturalization”, Koseki, No. 923 (2016), pp. 11-13.
193
ICRRA Article 22-2. See supra note 189.
94
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