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
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