*Translated by Google translate

 Introduction 

The plaintiff fled human rights violations in their homeland and arrived in Japan. He was granted refugee status in 2015 and obtained residency status. However, the residency status granted through refugee recognition is not sufficient for the plaintiff to live comfortably and utilize their abilities. The refugee travel document issued by the Japanese government does not even make everyday procedures such as cellphone contracts or opening bank accounts easy. Due to the lack of a passport, international travel for research or conferences is not feasible, hindering the plaintiff's desired career path.

Thus, being unable to receive protection from their homeland due to being a refugee, and not obtaining protection as a citizen of Japan, has posed a significant obstacle to the plaintiff's daily life and pursuit of their dreams.

Therefore, the plaintiff applied for Japanese citizenship twice in 2018 and 2021 in hopes of obtaining it, but both applications were denied. Article 34 of the Refugee Convention stipulates that refugee naturalization should be facilitated as much as possible. Hence, Japan, being a signatory to the Refugee Convention, has an obligation to make the naturalization process easier for refugees. However, currently, there are hardly any measures to ease naturalization conditions for refugees in Japan, and even if the conditions are met, naturalization applications may not be approved at the discretion of the government.

 Overview of the case 

The plaintiff fled a country plagued by severe human rights abuses in Africa and was granted refugee status in Japan in 2015.

For refugees, the system of "naturalization." which grants citizenship, is desired. To facilitate the naturalization of refugees, Article 34 of the Refugee Convention obliges contracting states to make naturalization as easy as possible. Japan became a signatory to the Refugee Convention in 1981, and the treaty has been in effect since 1982. However, there has been no legislative framework established domestically to implement the provisions of Article 34. Consequently, the Minister of Justice, who holds broad discretion over naturalization approvals, still faces hurdles for refugees seeking naturalization in Japan. Conversely, in other countries, the barriers to refugee naturalization have been lowered. According to research conducted by the Refugee Studies Forum, many countries have relaxed or exempted conditions such as residency requirements and language proficiency. (Reference: https://refugeestudies.jp/2024/02/naturalization/)

The plaintiff submitted their first naturalization application in 2018 and a second one in 2021, having met all the prerequisites for naturalization under the Nationality Act. However, both applications were denied, with reasons undisclosed. If the spirit of Article 34 of the Refugee Convention had been considered, naturalization should have been granted. Therefore, the plaintiff seeks the cancellation of the Minister of Justice's refusal to naturalize their application.

Aspiring to work for the United Nations, the plaintiff is currently enrolled in a doctoral program at a Japanese graduate school. They often require international travel for research and conference attendance. However, due to the lack of naturalization approval, they are unable to obtain a Japanese passport and can only travel using a refugee travel document. The difference between a refugee travel document and a passport is significant, often leading to the abandonment of travel plans and imposing significant constraints on future choices.

Furthermore, procedural issues arise in daily life, such as difficulties in opening bank accounts and contracting cell phones or credit cards.

 *Note: A refugee travel document is similar to a passport carried by refugees when traveling. However, for countries requiring a visa for entry, a separate visa issuance may be necessary. Whether or not to grant this visa is at the discretion of the receiving country's government. On the other hand, a passport is primarily a document required for entry and exit, and with a Japanese passport, entry is allowed to 70 countries with just one passport as of September 30, 2023.

Procedural issues also arise in daily life, such as difficulties in opening bank accounts and contracting cell phones or credit cards.

  Social significance of the lawsuit 

This lawsuit aims to change the situation where even the naturalization of individuals who have no country to protect them as their own citizens is left to the discretion of the government without any explanation necessary. Furthermore, it aims to address the situation where refugees are unable to live and utilize their experiences and abilities due to institutional constraints.

In Japan, naturalization has been regarded as entirely at the discretion of the government, and it has been considered natural for reasons for denial to remain undisclosed.

Currently, even in cases where individuals, including refugees and their children, are unable to obtain Japanese nationality through naturalization, the reasons for denial remain undisclosed, even in cases where there is effectively no country to protect them.

This situation does not fulfill the obligation of countries under the Refugee Convention to make naturalization as easy as possible.

We aim to change the current situation where individuals, including refugees and their children, are left in a state of having no country to protect them, and their way of life and future are constrained. We intend to achieve this by disclosing the undisclosed procedures of "naturalization" and establishing a system that conforms to the spirit of Article 34 of the Refugee Convention.

  Message from Plaintiff 

  Use of donations 

•  Expenses required for filing a lawsuit : Actual expenses such as stamp duty and copying fees

•  Cost of written opinion requested from scholars : Because this is a specialized field, we plan to have experts such as constitutional and administrative law scholars write the opinion.

•  Attorney's fees : attorney's retainer, contingency fee, travel allowance, etc.

•  Translation and interpretation costs : Translation and interpretation costs will be incurred from the plaintiff's language to Japanese and from Japanese to the plaintiff's language in order to prepare legal documents and speak in court.

•  Event hosting and PR costs : We would like to use donations to hold events and cover PR costs related to this trial.

  Message from the Counsel 

 The plaintiff dreams of using his experience to work for an international organization.

 After being recognized as a refugee, he thought that his future would finally open up, but since he has still not been naturalized and does not have a passport, he is not allowed to move forward towards his dream.

 Moreover, the reasons for not granting naturalization are not even made clear. It is unclear whether the government even took into consideration the obligations under the Refugee Convention when making its decision.

 I wanted to do something about this situation so I decided to join him in the lawsuit.

  About the legal team  

Sosuke Seki　　    Tokyo Bar Association　　　　 Ginza Prime Law Office
Masako Suzuki　   Tokyo Bar Association　　　　 Izumibashi Law Office
Ayane Odagawa　  Daiichi Tokyo Bar Association  Izumibashi Law Office
Chieko Takami　    Tokyo Bar Association　　　　 Tokyo Central Law Office
Tawara Kojiro　     Tokyo Bar Association　　　　 Waseda Legal Commons Law Office 

 Call for donations 

The plaintiff has been striving towards their dream with relentless effort. Even now, after being recognized as a refugee, the situation of not receiving protection as a citizen of Japan does not provide a stable legal status as a dignified individual.

Despite being a signatory to the Refugee Convention, Japan's position of not recognizing refugee naturalization under the guise of discretionary powers should be reconsidered in light of this case.

The trial has already begun. Additionally, considering the damages he has suffered, we have also filed for state compensation.

Unable to obtain a country to protect him as a citizen even after finally being recognized as a refugee, and without a passport, he cannot fully utilize his abilities and experiences. To change this situation, your support is greatly appreciated.