As stated above, D had lost contact with E, and D did not even have a copy of E’s passport. However, D was provided by the staff of the regional immigration bureau with documents such as a photocopy of E’s passport and E’s facial photo.215 (3) The response of Myanmar embassy D, the mother of C, tracked down the whereabouts of E through her attorney/legal representative and sought his cooperation in completing the required paperwork. D, after her provisional release was granted, visited the Embassy of Myanmar several times with her legal representative and other persons and attempted to register C as a national of Myanmar by furnishing the embassy with the amount of tax D was requested to pay as well as the requested documents. However, the Embassy of Myanmar asserted that the “payment of tax by the father” was also necessary, which they did not initially mention to D and which was also not written on the abovementioned document relating to national registration. C’s registration as a Myanmar national could thus not be achieved. E’s unpaid tax amounted to 530,000 Japanese yen, which E refused to pay due to his financial inability. D has been an irregular stayer without permission to work, and it is difficult for her to raise such a high amount, i.e., 530,000 Japanese yen. Thus, C has been unable to be registered as a national up to today. (4) Statelessness Article 7 of the 1982 Nationality Law of Myanmar states that persons born of parents, both of whom are citizens, are Myanmar citizens. The text of the abovementioned law does not clarify whether the parents need to be legally married or not. The Embassy of Myanmar, in fact, has stated to the Japanese Immigration Bureau that unmarried parents can register their child as a national and that the submission of a written statement by the biological parents declaring themselves to be the parents of the child suffices for this purpose. Thus, C is supposed to have acquired Myanmar nationality under the law by birth as she is born of parents, although unmarried, who are both Myanmar nationals. However, the Embassy of Myanmar refused C’s registration as a national by asserting that the biological father’s payment of tax was required, without which C cannot be registered as a national, which is separate from the requirements for national registration about which they had previously informed the relevant regional immigration bureau. As a consequence, C has not been able to register as a national of Myanmar. This manner of treatment by the embassy may possibly be considered an “operation of law” by the competent authorities on nationality matters, indicating that they do not recognize C as a national, and C could thus be considered to be stateless. On the other hand, the Immigration Bureau of the Ministry of Justice, as stated above, designated C’s country of nationality under the deportation order as well as the destination country of deportation to be “Myanmar.” However, in reality, C is neither 215 Hearing from Nobuya Takai, attorney-at-law, on 24 May 2016. 106

Select target paragraph3

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