the family. What I need urgently now is legal resident status. That is the priority, and
then I can start to think about nationality. ” For lack of legal status and the country of
nationality he could well have been detained indefinitely, though in fact he has been
released on provisional parole.
On the other hand, Ms. B was born in Japan in 1985 to Vietnamese parents who fled
their country as “boat people” in 1980 and were admitted as an Indochinese refugee by
the Japanese government in 1982. At present, she is a graduate student at a national
university in Japan. Her parents have lost their Vietnamese nationality, but they are not
Japanese nationals; they remain stateless along with their daughter.
“My parents recommend me to acquire Japanese nationality, but I have not fully decided
to do so. I prefer to exist in a framework of people that cannot be confined in the
definition of “state.”125 Her cosmopolitan spirit resembles that of Dr. Aksenov. From a
technically legal standpoint, given that her parents were both stateless at the time of her
birth, she would have acquired Japanese nationality at birth according to Article 2 (3) of
the Japanese Nationality Act. Even if her parents’ nationality could not be identified,
“the provision should be applied mutatis mutandis on account of the Act’s objective to
prevent statelessness. The child should be granted Japanese nationality at birth through
jus soli.” 126 Her “statelessness” entails uncertainty, but her situation illustrates an
institutional problem in granting nationality or determining statelessness.
Nowhere to Go: Stateless Persons in Orbit
Two men detained at the East Japan Immigration Center filed for cancellation of
removal with the Tokyo District Court on July 29, 2008.127 The plaintiffs were born to
Vietnamese refugees who had left their country in 1954 for Thailand via Laos amidst
the First Indochina War. Though the plaintiffs were born in Thailand, they did not obtain
Thai nationality at birth. To find a way out of the disadvantages and discrimination
faced there, they left Thailand for Japan in 1991 with false passports obtained from
smugglers. After working at construction sites and factories, they faced a forcible
removal order to Vietnam as illegal immigrants in 2008. However, since they could not
125
The World as Seen from the Stateless Perspective, supra note 123, p.8.
Kidana, supra note 3, pp.212-23. Kuroki and Hosokawa also state that from the perspective of
stateless elimination, Article 2(3) should be applied mutatis mutandis (supra note 3, p.297).
127
The overview of this case and information on other similar cases are provided in the bill of
complaint submitted on 29 July, 2008, which Ms. Shie Azukizawa, the attorney representing the
complainants, kindly allowed us to refer to.
126
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