The impossibility of becoming Japanese

Thai teen born & raised in Japan loses legal battle & must leave Japan. Highlights deep reluctance to accept foreigners even as Japan's population shrinks.

IMMIGRATION IN ASIA

The impossibility of becoming Japanese: Thai teen loses court battle

7/12/2016
Reuters News Agency

Immigration laws are very restrictive in Asia.

It is difficult to gain permanent residency in Japan or become a Japanese citizen and even more difficult to do this in Thailand (see here).

Rarely does the media provide a glimpse into the people and families affected by immigration laws.

This week Reuters provided a glimpse into the fate of one Thai mother and her son long resident in Japan.

LOST DEPORTATION CASE

The Tokyo High Court ruled that Utinan Won, a 16-year-old high school student born and raised in Japan but living without a visa that gives him permission to live in Japan, must leave Japan.

His controversial legal case highlights Japan's deep reluctance to accept foreigners even as Japan's population ages and shrinks.

Utinan's mother previously left Japan after lower court judges said her son could win residency if she returned to Thailand.

"Of course I want to stay in Japan," Utinan told reporters after the court ruling.

"I waited so long for this decision. I'm so sad and pained that it was made so quickly."

The judges made their ruling in little more than 10 seconds, with cries of "Why?" and "Terrible" coming from a packed public gallery.

THE PLIGHT OF ILLEGAL RESIDENTS

Utinan's father and mother are Thai but they separated when he was young.

He was born and raised in Japan and has never been to Thailand, something that could likewise be said for many Tai and hilltribe people living in northern Thailand who were born in Thailand but can never gain full citizen status.

Utinan now lives with a Japanese man who has been supporting the family.

His mother, Lonsan Phaphakdee, returned to Bangkok in September to give her son a chance to continue life in the only country he has known.

Many other families have followed the same path, entering Japan on a tourist visa, living and working in the country illegally, hoping to build a better life for their family.

These families are from everywhere in the world including Peru, Bolivia, Iran and India (see here) .

LIVING IN LIMBO

Utinan's case has drawn sharp focus on the plight of hundreds of children who, like him, live on "provisional release" -- a status that allows those without visas to stay in Japan while banning them from working and travelling freely.

Last month, Reuters exposed the agonising pathway to residency offered by the Japanese immigration authorities and courts to some families living on provisional release: Children can stay in Japan legally if their parents return to their country of origin.

The Reuter's story detailing Utinan's plight also was republished in the Bangkok Post Sunday (see here).

Tokyo District Court judges said in June that Utinan could win a special residence permit if his mother -- who at the time was also on provisional release -- left Japan, and if he found another guardian.

The High Court judges said in a written ruling: "We must say that the [lower court's] decision and the deportation order are legally legitimate."

Although Utinan does not read or write Thai, he is able to speak the language and is young enough to adapt to life back in Thailand, the judges said.

Utinan's lawyer, Koichi Kodama, said the judges did not take into consideration the fact the mother had left Japan and only re-evaluated evidence submitted to the lower court.

Wearing his school uniform and sneakers, Utinan remained impassive throughout the ruling, his head bowed slightly.

His lawyer said Utinan had not yet decided whether to appeal against the ruling.

http://www.bangkokpost.com/news/general/1153369/thai-teen-loses-japan-deportation-court-battle

http://www.japantimes.co.jp/news/2016/11/24/national/social-issues/japan-born-son-thai-mom-split-heartbreak-legal-deal/

http://www.reuters.com/investigates/special-report/japan-detention-children/

http://www.bangkokpost.com/learning/advanced/1066037/how-to-become-japanese

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