Adult Children Born with Dual Nationality

[TunaSki]

I can't bring myself to tackle the PDF

I found this related one, which is cleaner and much more machine translatable. Not sure what the relation is
https://www.courts.go.jp/app/files/hanr ... hanrei.pdf

I think your pdf is all about people who triggered Article 11 but tried to fight their case that they didn’t (when they actually did)

Unless you want to pinpoint me to the part I need to look at regarding Article 16 paragraph 1?

[Tkydon]

None of these were ever Dual Nationality.

University Professor living in Kyoto
https://mainichi.jp/english/articles/20 ... na/044000c <<==

Yuri Kondo
https://www.japantimes.co.jp/news/2023/ ... y-problem/

Yuri Kondo - Fukuoka Court Ruling
https://www.japantimes.co.jp/news/2023/ ... ka-ruling/

Yuri Kondo - Fukuoka Appeals Court Ruling
https://www.japantimes.co.jp/news/2023/ ... ity-fight/

Yuri Kondo - High Court Ruling
https://www.japantimes.co.jp/news/2024/ ... ty-ruling/

British Japanese Boy
https://www.japantimes.co.jp/news/2024/ ... ty-ruling/

None of these were ever Dual Nationality.

The Kyoto Professor and Yuri Kondo both Naturalised in the US and at that moment forfeited their Japanese Citizenship under Article 11 of the Japanese Nationality Law. THey just didn't know it yet.

The parents of the UK Boy applied for UK Citizenship for him after his adoption under Section 3-1 of the British Nationality Act. This is not Automatic, and as such it was deemed to be of his own choice (the choice of his Parent or Legal Guardian), and so triggered Article 11 of the Japanese Nationality Law.

Again, none of these were ever Dual Citizens. They just didn't know it yet.

https://www.jurist.org/news/2024/10/jap ... itutional/

This wording is incorrect.
The article says,
"The Fukuoka High Court of Japan upheld the constitutionality of a law that forces Japanese citizens to give up their citizenship if they acquire citizenship in any other country on Thursday."

Article 11 of the Japanese Nationality Act does not "force Japanese citizens to give up their citizenship if they acquire citizenship in any other country". It immediately strips them of Japanese Citizenship. Their Japanese Citizenship is immediately forfeit. They just may not know it yet.

These cases have nothing to do with Dual Citizens who are born with Dual or Multiple Nationalities.

[Tkydon]

The constitution works the same way too. See the case where the court ruled the nationality act was not unconstitutional by banning dual citizenship:

This is an entirely different scenario again.

Article 12 of the Japanese Nationality Law states that a Child born Overseas to (a) Japanese parent(s) but who also receives another nationality automatically at birth must be registered by the Japanese Parent with the local Japanese Embassy or Consulate within 3 months of birth, and Japanese Citizenship reserved for the Child. If the 3 month deadline is missed, the child cannot be registered as a Japanese Citizen, and Japanese Citizenship for the child is lost.

Japanese Nationality Law

https://www.japaneselawtranslation.go.j ... 66#je_at11

（国籍の喪失）
(Loss of Citizenship)
...
第十二条出生により外国の国籍を取得した日本国民で国外で生まれたものは、戸籍法（昭和二十二年法律第二百二十四号）の定めるところにより日本の国籍を留保する意思を表示しなければ、その出生の時にさかのぼつて日本の国籍を失う。
Article 12 A Japanese citizen who acquired the nationality of a foreign country by birth and who was born abroad loses Japanese citizenship retroactive to the time of birth unless they indicate an intention to reserve Japanese citizenship pursuant to the provisions of the Family Register Act (Act No. 224 of 1947).

Japanese Family Registration Koseki Law

https://www.japaneselawtranslation.go.j ... #je_ch4sc2

第二節　出生
Section 2 Birth
第四十九条出生の届出は、十四日以内（国外で出生があつたときは、三箇月以内）にこれをしなければならない。
Article 49(1)A notification of birth shall be submitted within 14 days thereof (if the birth took place abroad, within three months).
２届書には、次の事項を記載しなければならない。
(2)The following matters shall be entered in the written notification:
一子の男女の別及び嫡出子又は嫡出でない子の別
(i)the gender of the child, and whether the child is born in or out of wedlock;
二出生の年月日時分及び場所
(ii)the date, time, and place of birth;
三父母の氏名及び本籍、父又は母が外国人であるときは、その氏名及び国籍
(iii)the names and registered domiciles of the parents, and if the father or mother is a foreign national, his/her name and nationality; and
四その他法務省令で定める事項
(iv)other matters specified by Ordinance of the Ministry of Justice.
３医師、助産師又はその他の者が出産に立ち会つた場合には、医師、助産師、その他の者の順序に従つてそのうちの一人が法務省令・厚生労働省令の定めるところによつて作成する出生証明書を届書に添付しなければならない。ただし、やむを得ない事由があるときは、この限りでない。
(3)Where a doctor, midwife, or any other person attended the birth, a birth certificate prepared by one person from among the doctor, midwife, or other person, in that order, in the manner provided for in Ordinance of the Ministry of Justice or Ordinance of the Ministry of Health, Labour and Welfare shall be attached to the written notification; provided, however, that this shall not apply if there are unavoidable grounds.

This does not apply if the child is born to (a) Japanese Parent(s) in Japan and correctly registered within 14 days, or if the child is born to (a) Japanese parent(s) overseas, with another nationality, and is correctly registered within 3 months.

This is in contrast to forfeiture of Japanese Nationality under Article 11.

Japanese Nationality Law

（国籍の喪失）
(Loss of Citizenship)
第十一条日本国民は、自己の志望によつて外国の国籍を取得したときは、日本の国籍を失う。
Article 11(1) If a Japanese citizen acquires the nationality of a foreign country at their own choice, that Japanese citizen loses Japanese citizenship.
２外国の国籍を有する日本国民は、その外国の法令によりその国の国籍を選択したときは、日本の国籍を失う。
(2) A Japanese citizen having the nationality of a foreign country loses Japanese citizenship when they select the nationality of that foreign country according to its laws and regulations.

Japanese Family Registration Koseki Law

第十四節　国籍の得喪
Section 14 Acquisition or Loss of Japanese Nationality
...
Article 103(1)A notification of the loss of Japanese nationality shall be submitted by the party to the event under notification, or his/her spouse or relative within the fourth degree of kinship, within one month from the day on which such person became aware of the fact of loss of Japanese nationality (when the person who should submit the notification was abroad on the day on which he/she became aware of the fact, within three months from that day).
２届書には、次の事項を記載し、国籍喪失を証すべき書面を添付しなければならない。
(2)The following matters shall be entered in a written notification, and a document certifying the loss of Japanese nationality shall be attached thereto:
一国籍喪失の原因及び年月日
(i)the cause and date of the loss of Japanese nationality; and
二新たに外国の国籍を取得したときは、その国籍
(ii)when the person has newly acquired nationality in a foreign country, such nationality.
第百四条国籍法第十二条に規定する国籍の留保の意思の表示は、出生の届出をすることができる者（第五十二条第三項の規定によつて届出をすべき者を除く。）が、出生の日から三箇月以内に、日本の国籍を留保する旨を届け出ることによつて、これをしなければならない。
...
第百五条官庁又は公署がその職務上国籍を喪失した者があることを知つたときは、遅滞なく本籍地の市町村長に、国籍喪失を証すべき書面を添附して、国籍喪失の報告をしなければならない。
Article 105(1)When a government agency or public office becomes aware, in the course of its duties, of any person who has lost Japanese nationality, it shall report the loss of Japanese nationality to the mayor of the municipality in the locality of said person's registered domicile without delay, attaching a document certifying the loss of Japanese nationality.
２報告書には、第百三条第二項に掲げる事項を記載しなければならない。
(2)The matters listed in Article 103, paragraph (2) shall be entered in a written report.

[adamu]

These cases have nothing to do with Dual Citizens who are born with Dual or Multiple Nationalities.

edit: removed confused reply.

Yeah, I was trying to make a more general point about the interpretation of the law, by showing how the constitution itself has been interpreted surrounding nationality issues.

I think your pdf is all about people who triggered Article 11 but tried to fight their case that they didn’t (when they actually did)

Unless you want to pinpoint me to the part I need to look at regarding Article 16 paragraph 1?

I think Article 15 is the real issue in terms of dual nationalities:

The Minister of Justice may, by written notice, require a Japanese national having a foreign nationality... to choose one of the nationalities he or she possesses.
...
3. The person to whom the notice has been sent in accordance with the preceding two paragraphs shall lose Japanese nationality at the expiration of one month after the day he or she receives the notice, unless he or she chooses Japanese nationality within such period

But I think you have a good point that the law does not prescribe loss of nationality even if it's decided you fail to endeavour.

Deja-vu...

Yes, it's a grey area. But according to the law, it is necessary. And there is also a provision (article 15) where the MOJ can notify anybody who has not made the declaration to make it in one month or their Japanese nationality is revoked.

[RetireJapan]

They would need to change the law. Because Article 16 paragraph 1 has no penalty written within it. And no where in the whole nationality act (including the the enforcement of regulations of the nationality act: https://laws.e-gov.go.jp/law/359M50000010039/) does it state that Japanese nationality can be lost via non-compliance of Article 16 paragraph 1

Therefore, they cannot just wake up one day and change interpretation. It’s currently impossible for them to revoke Japanese nationality via Article 16 paragraph 1 so the law would need to go through legislative changes first.

They have the ability to wake up one day and force people to make their declaration of choice (Article 15) though. Which would result in the loss of Japanese nationality if not actioned in time

So... they wouldn't need to change the law then. Just enforce people choosing a nationality. Which the government could do tomorrow by sending a memo out

[adamu]

So... they wouldn't need to change the law then. Just enforce people choosing a nationality. Which the government could do tomorrow by sending a memo out

I was arguing against TunaSki, but convinced myself in the process (and made a full circle back to 2021).

Of course you can also "choose" Japanese, and then "endeavour", but fail to relinquish the other one...

But have these notices ever been issued?

[RetireJapan]

Of course you can also "choose" Japanese, and then "endeavour", but fail to relinquish the other one...

But have these notices ever been issued?

Doesn't matter. If the government decides to issue them, they can. A bit like the punishment for not carrying your zairyu card. Never been used, but could be if the prosecutors wanted to.

[adamu]

1. Get issued a notification to choose
2. Choose Japanese
3. Endeavour forever
4 ...profit?

I think that was TunaSki's point - there's noting that deprives you of Japanese nationality for failing to endeavour to give up the other nationality/ies.

I guess they could argue that by failing to endeavour, your original choice was effectively not made, therefore you're not Japanese as a month has lapsed since the original notice (back to the interpretation point, above!).

[TunaSki]

They would need to change the law. Because Article 16 paragraph 1 has no penalty written within it. And no where in the whole nationality act (including the the enforcement of regulations of the nationality act: https://laws.e-gov.go.jp/law/359M50000010039/) does it state that Japanese nationality can be lost via non-compliance of Article 16 paragraph 1

Therefore, they cannot just wake up one day and change interpretation. It’s currently impossible for them to revoke Japanese nationality via Article 16 paragraph 1 so the law would need to go through legislative changes first.

They have the ability to wake up one day and force people to make their declaration of choice (Article 15) though. Which would result in the loss of Japanese nationality if not actioned in time

So... they wouldn't need to change the law then. Just enforce people choosing a nationality. Which the government could do tomorrow by sending a memo out

Yea, but filing the declaration choice of nationality form when of age, is a requirement of Article 14.

Article 15 is the part of the law which can force the choice, vi revoking Japanese nationality

Article 16 can only apply to someone who has filed their article
14 declaration of choice form

So if someone has already filed their article 14 declaration of choice form, then they are protected by loss of Japanese nationality via Article 15.

And they are protected by Article 16 paragraph 1 because that has no penalty of loss of Japanese nationality written into that article.

Meaning as long as someone files their article 14 declaration of choice, they are protected by the lack of penalty of article 16 paragraph 1. So can remain legally dual until (1) they trigger Article 16 paragraph 2, or (2) the legislation of Article 16 paragraph 1 gets re-written to include a time frame/penalty, which of course, wouldn’t happen by the MOJ waking up one day. It would have to go through the process of changing the law

[TunaSki]

1. Get issued a notification to choose
2. Choose Japanese
3. Endeavour forever
4 ...profit?

I think that was TunaSki's point - there's noting that deprives you of Japanese nationality for failing to endeavour to give up the other nationality/ies.

I guess they could argue that by failing to endeavour, your original choice was effectively not made, therefore you're not Japanese as a month has lapsed since the original notice (back to the interpretation point, above!).

As long as they file their Article 14 declaration of choice form when of age, then they are immune from Article 15 (article 15 only applies to people who have not fulfilled the requirement of Article 14)

So based on the current wording of the law, after Article 14 declaration of choice has been made, they can remain legally dual as long as there is no triggering of Article 16 paragraph 2

To change that the whole part of Article 16 paragraph 1 would have to be re-written, to include a time frame and Penalty, and approved following the law changing process

Article 16 can only apply to countries where dual nationality is allowed though. If the Japanese dual nationals holds a nationality where they automatically lose that nationality after making their Article 14 declaration of choice, then the MOJ won’t allow them to utilize article 16.

And vice versa if they hold another nationality that requires them to choose (like their version of Article 14) then they lose Japanese nationality as per Article 11 paragraph 2