in Japan whose legal father was unknown and whose mother was “without nationality”.
There was no evidence to prove that the mother had the nationality of a relevant State,
and there were no means to contact family members outside of Japan; therefore, the
child was assumed to be “without nationality”. In other words, the court recognized the
mother as a person “without nationality” under the circumstances where her nationality
was difficult to prove, and as a result it recognized the applicability of Nationality Act
Article 2(iii) to the child and granted permission for the creation of a family register.
(2) Immigration Control and Refugee Recognition Act (ICRRA)
ICRRA includes provisions regarding statelessness in the deportation procedure where
the country of destination must be decided and in the immigration procedure where a
foreign resident requests permission to re-enter Japan. In addition, regardless of the
existence of particular provisions such as these, the responsible immigration authorities
make decisions on the nationality (or lack thereof) of individuals as a prerequisite for
dispositions in procedures governed by the ICRRA.
Article 53(1) of ICRRA provides for deportation in principle to the country of nationality
by stating that “Any person subject to deportation shall be deported to a country of which
he or she is a national or citizen.” Alternatively, Article 53(2) states that if the person
cannot be deported to the country of which he or she is a national or citizen, such person
shall be deported “pursuant to his or her wishes” to any of the countries provided, such
as the country of residence prior to entry into Japan or the country where his or her place
of birth is located. Thus, deportation of stateless persons is based on Article 53(2)
because there is no country of nationality for such persons and they cannot be deported
to the country of nationality. The means deciding the country of destination for
deportation is fundamentally different for a stateless person, as it is decided according
to his or her wishes among countries provided under Article 53(2).
In cases of re-entry permission for a foreign national residing in Japan, Article 26(2) of
ICRRA provides that, “The Minister of Justice shall … have an immigration inspector …
issue a re-entry permit pursuant to the provisions of an ordinance of the Ministry of
Justice if the foreign national does not have his or her passport and is unable to acquire
one for reason of being without nationality or for any other reason.” This is a provision
that makes it possible to issue a leaflet-style re-entry permit (Ordinance for Enforcement
of ICRRA, Annex, Format No.42) to a person who does not possess a passport for reasons
including being “without nationality” and for whom it is not possible to affix a seal of
verification for re-entry in the passport, and who is not able to utilize the special re-entry
permission.
Moreover, the Immigration Bureau of the Ministry of Justice requires foreign
individuals to claim their nationality in various procedures in relation to residence, such
as acquiring a residence permit, extending a period of stay, and changing a status of
residence. The foreigner residence card issued to mid- to long-term residents shows the
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