Based on the above, there are no measures that can be taken for A to be recognized
as a national by the Vietnamese authorities, and A is likely to be a person who is not
considered a national under the operation of Vietnamese law.
In this regard, even the abovementioned Tokyo District Court decision states that the
court has “doubts” about the Immigration Bureau’s determination of A’s nationality as
Vietnamese, and that if the Immigration Bureau was to consider deporting A again, the
destination country for deportation needs to be carefully considered.
(2) Thailand
Thailand has long adopted a jus soli principle along with a jus sanguinis principle with
regard to the acquisition of nationality. There have been several nationality law reforms,
but in principle the country has adopted the policy of having children born of foreign
parents lawfully staying in Thailand acquire Thai nationality by birth. However, such a
policy was fundamentally overturned by the Thailand Revolutionary Council
Proclamation No.337, issued on 13 December 1972.
With the complications of the Vietnam War as the background, the then Thai
government cancelled the Thai nationality which the second- and third-generation
Vietnamese refugees had previously acquired based on the prevailing nationality law at
the time of their birth. The Proclamation also declared the government’s decision not to
grant Thai nationality to descendants of Vietnamese refugees born in Thailand from that
time onwards. However, the Thai government’s policy on Vietnamese refugees has again
changed through the developments in international relations during the 1980s.
By means of the 1992 nationality law reform, it became possible for second- and thirdgeneration refugees born in Thailand to be granted Thai nationality at the discretion of
the Minister of Internal Affairs. Moreover, in 2008, the Thai nationality law was amended
in light of the heightened awareness of statelessness issues within Thailand, and the
opportunities for second- and third-generation persons to acquire Thai nationality
became further expanded.219
As discussed above, while the status of Vietnamese refugees in Thailand has been
affected by the changes in international relations and the legal policies of the government
interrelated to such changes, second- and third-generation refugees born in Thailand
have become able to access Thai nationality. In fact, A’s brothers and sisters residing in
Thailand managed to acquire Thai nationality. However, A was residing in Japan during
this period and thus was unable to go through the procedure to acquire Thai nationality.
For one to acquire Thai nationality, “residence in Thailand based on residency
registration in Thailand” is a legal requirement. Thus, for A to acquire Thai nationality, A
would need to return to Thailand and reside there. In fact, there has been a case where
219
On the issue of stateless people and the Nationality Act of Thailand, see Yuu Ohtomo, “Tai
Kokusekihouno Ichibu Kaisei – Tai Kokusekihouno Hensento Mukokusekisha Mondai [Partial Amendment of
the Nationality Act of Thailand: Changes in Thai Nationality Act and Issues of Statelessness]” Gaikokuno
Ripppou [Foreign Legislation], No. 249 (2011), pp.111-118.
112
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