Legal Fukuoka High Court rules dual nationality ban constitutional

[thomas]

In a ruling Thursday, the Fukuoka High Court upheld Japan's prohibition of dual nationality. This decision dismisses a lawsuit filed by a woman who lost her Japanese citizenship after becoming a naturalised American citizen. Yuri Kondo, the plaintiff in the case, argued that the nationality law, which states that Japanese nationals forfeit their citizenship upon acquiring foreign citizenship, violates fundamental human rights related to the pursuit of happiness, self-determination, and identity.

However, the higher court disagreed with Kondo's claim. In a news conference following the ruling, Kondo expressed her disappointment, stating that the decision was "cold" compared to the district court's ruling in December and completely disregarded the individual experiences and circumstances of those affected by the dual nationality ban.

In 2022, the plaintiff filed a lawsuit at the Fukuoka District Court, saying the nationality law's ban on dual nationality violates the equality clause of the Constitution. However, the district court ruled the law was constitutional in December. In the high court, she argued that rejecting passport applications, regardless of the submitted documents, violates the Constitution and that the government's failure to notify citizens about the nationality-revoking part of the law is also unconstitutional. Born and raised in Japan, Kondo spent nearly 40 years working and raising a family in the United States, where she became a citizen in 2004. She spent years travelling back and forth between the two countries — both of which she considers her home — before she was identified as a dual citizen in 2017. This first occurred at a passport office in Tokyo, where her passport was confiscated and her application for a renewal denied. Later, airport immigration officials noticed she was leaving Japan with an American passport with no entry stamp. Currently, Kondo holds only an American passport and has not reapplied for her Japanese passport out of concern that her application would be rejected again. However, she still maintains her Japanese family registry and has not received any formal communication from the government requesting her to renounce one of her nationalities.

Ban on dual nationality is constitutional, Fukuoka High Court rules

The court dismissed a claim filed by a woman who lost her Japanese citizenship after she became a naturalized American citizen.

www.japantimes.co.jp

In October 2023, the Supreme Court upheld a similar ruling by the Tokyo High Court:

Tokyo High Court upholds ban on dual nationality

Last Tuesday, the Tokyo High Court dismissed an appeal by eight plaintiffs claiming the country's ban on its citizens from holding foreign nationality violates the Constitution. The decision endorsed a district court ruling in January 2021 that deemed dual citizenship "could cause conflict in...

jref.com