Gantlett (alias Norichika Ganto) v Japan

• Jurisdiction: Japón
• Court: Supreme Court (Japan)
• Date: 16 November 1956

Japan, High Court of Tokyo.

Supreme Court.

Gantlett (Alias Norichika Ganto)

and

Japan.

Nationality Naturalization Conditions of Requirement that applicant should have no nationality or shall lose former nationality Effect of war on right of expatriation Application for Japanese naturalization by British national in time of war The law of Japan.

The Facts.The plaintiff (appellant) was born in Japan in 1906 of parents of British nationality and thus became a British subject. He was resident in Japan. At the time of the outbreak of the Second World War he was teaching English at a Japanese college, but later he lost this post because of his enemy nationality. The police office of the district where he resided suggested that he be naturalized by Japan to avoid treatment as an enemy national. In 1942 he filed an application with the Ministry of Home Affairs for permission to be naturalized and thereby obtained permission on February 6, 1943.

The plaintiff brought an action in the Tokyo District Court to obtain confirmation of the invalidity of the permission for his naturalization granted by the Minister of Home Affairs. He argued that: (i) his application for permission for naturalization was made under duress and without his free will; (ii) since he did not lose his British nationality under the English common law...