Legal Tokyo High Court upholds ban on dual nationality

[thomas]

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 the rights and obligations between countries, as well as between the individual and the state." The plaintiffs, who were born in Japan but now live in Europe, plan to appeal the ruling to the Supreme Court.

An article of the nationality law states that Japanese citizens who acquire non-Japanese nationality on their own instigation automatically lose their Japanese nationality, effectively banning dual citizenship. The plaintiffs have said foreign nationality is necessary to facilitate their work and lives abroad, but that they hope to also maintain their Japanese citizenship. They argued that the clause stripping people of Japanese nationality violates the Constitution, which guarantees the right to pursue happiness and equality under the law. Swiss resident Hitoshi Nogawa, 79, who led the plaintiffs, said Japanese nationality forms part of his identity.

High court upholds ruling in favor of Japan's ban on dual nationality - The Mainichi

TOKYO (Kyodo) -- A Japanese high court on Tuesday dismissed an appeal by a group of people claiming the country's ban on its citizens from holding for

mainichi.jp

 

[Petaris]

I was actually just thinking/worrying about this the other day. My eldest is still a little ways from having this become an issue but time really flies for some things and its now less than a decade away for him. We have always thought that "don't ask, don't tell and hope for uninterested immigration officers" would be the way that our kids would need to proceed however it does add some risk and uncertainty.

 

[thomas]

Last Thursday, the Supreme Court's First Petty Bench dismissed an appeal by a group of people living in Europe who have challenged the country's ban on its citizens from also holding foreign nationality.

The eight plaintiffs, who live abroad in countries including Switzerland and France, had argued that foreign nationality was necessary to facilitate their work and lives abroad. But they also had hoped to maintain their Japanese citizenship. They argued that with more countries allowing multiple citizenship, the clause in Japan's nationality law that strips people of Japanese nationality violates the Constitution, which guarantees the right to pursue happiness and equality under the law. The article effectively banning dual citizenship says, "If a Japanese citizen acquires the nationality of a foreign country at their own choice, that Japanese citizen loses Japanese citizenship." The Tokyo District Court rejected the lawsuit in 2021, saying that permitting multiple citizenship "could cause conflict in the rights and obligations between countries, as well as between the individual and the state."

Top court upholds ruling in favor of Japan's ban on dual nationality - The Mainichi

TOKYO (Kyodo) -- Japan's top court has dismissed an appeal by a group of people living in Europe who have challenged the country's ban on its citizens

mainichi.jp

 

[Mikawa Ossan]

I was actually just thinking/worrying about this the other day. My eldest is still a little ways from having this become an issue but time really flies for some things and its now less than a decade away for him. We have always thought that "don't ask, don't tell and hope for uninterested immigration officers" would be the way that our kids would need to proceed however it does add some risk and uncertainty.

Just make sure your son is ready for the worst case outcome. Just in case. It sounds likely that he'll need to be prepared someday.

 

[Petaris]

So I'm curious, even if a person told immigration that they intended to keep the Japanese citizenship it seems like actually renouncing US citizenship is quite the process. So how would the Japanese side enforce that? I would also think there would be a lot of process in the opposite path. It doesn't seem like something that could be done during or even at the traversal of the immigration point at the airport.

 

[Majestic]

The only way they can enforce this is by deeming you to have abandoned your Japanese citizenship, and therefore blocking you from entering/staying in the country on anything other than a tourist visa (like what they did to the Canadian/Japanese lady).

In other words, they don't ask/demand you to renounce the foreign citizenship. They go the opposite route and cancel your Japanese citizenship.

 

[Mikawa Ossan]

It would probably be a good idea to talk to a lawyer well-versed in this area.

 

[salyavin]

So I'm curious, even if a person told immigration that they intended to keep the Japanese citizenship it seems like actually renouncing US citizenship is quite the process. So how would the Japanese side enforce that? I would also think there would be a lot of process in the opposite path. It doesn't seem like something that could be done during or even at the traversal of the immigration point at the airport.

One funny thing in the Fukuoka US consulate back in 2011 anyway they had forms there for renouncing citizenship. I never looked into it. I too have dual citizenship children and we sometimes think about that.