country of nationality or the region of the individual according to the finding by the
Immigration Bureau (ICRRA Article 19-4(1)(i)).
Thus, within the Immigration Bureau, the section responsible for entry and residence
is different from the section responsible for deportation procedures, and there seems to
be no unified criteria for the determination of statelessness across various procedures
where the Immigration Bureau determines the nationality of individuals concerned.
In each procedure for entry and residence of foreign nationals, certain criteria are
provided by internal guidelines. The Manual on the Essentials of Entry and Residency
Examination, which provides internal criteria for the Immigration Bureau of the Ministry
of Justice, states that, in issuing a foreigner residence card upon landing permission, “a
person who is without nationality or who cannot prove to have nationality is to be shown
as ‘stateless’.”26
Also, in relation to the procedure for acquisition of status of residence, which is used
by persons, including those born in Japan, remaining beyond 60 days (ICRRA Article 222), the Manual on Essentials of Entry and Residency Examination states that the country
of nationality or region of the child shall be determined according to the following criteria
when the child does not possess a passport.27
i) The country of nationality or region shown on the father’s foreigner residence card
is used if the father possesses a foreigner residence card. However, if the father is
unknown and the mother possesses a foreigner residence card, the country of
nationality or region shown on the mother’s foreigner residence card is used.
ii) If it is apparent that the child is able to acquire the nationality of both father and
mother, and the child wishes to acquire the mother’s nationality, it is all right to use
the mother’s nationality notwithstanding i) above.
iii) The determination will be stateless if it is apparent that the child will be stateless
according to the country of nationality of the parents, and the provisions of that
country’s nationality laws.
Thus, in considering the nationality of the child in the procedure for acquisition of
status of residence, it appears that the nationality of the child is, in principle, understood
to be the nationality of the father. Therefore, in case the country of nationality of the
father does not apply the paternal jus sanguinis principle but instead follows the jus soli
principle, there is a risk that a wrong nationality will be placed on the child’s foreigner
residence card. Chapter 2 Section 1 will examine under each category the actual cases
where the country of nationality or the region shown on the foreigner residence card was
incorrect.
26
Immigration Bureau, Ministry of Justice, Nyuukoku, Zairyuu Shinsa Youryou [Guidelines on Immigration
and Residence Inspection] (Request for Disclosure of Administrative Documents. Date for Disclosure
Decision: 4 December 2015. Houmushou Kan Jou Dai 2511 Gou [No. 2511, Kan Jou, Ministry of Justice]),
Part 6 Jouriku Shinsa [Landing Inspection], p.58.
27
Id., Part 10 Zairyuu Shinsa [Residence Inspection], pp.14-15.
26