Court name: Civil Court of Rome (Tribunale ordinario di Roma)
State: Italy
Date of decision:

The applicant is a deaf-mute individual who had been denied medical treatment because he was in Italy in an irregular state. He lived with his parents (both of whom claimed to be stateless persons from the former Yugoslavia) along with his 6 siblings in a refugee camp in Rome. The applicant had never obtained Italian or Yugoslavian citizenship. He therefore urgently applied to be recognised as stateless, obtain a residence permit and a travel document. The Chamber of Judges recognised his statelessness status, applying the principles set out by the Italian Supreme Court in previous decisions (and in particular in the Supreme Court decision 28873/08 dated 9 December 2008).

Court name: Civil Court of Florence (Tribunale ordinario di Firenze)
State: Italy
Date of decision:

The authorities denied statelesness status to the applicant, holding that he could have applied for both Ghanaian and Malian nationality, countries the applicant had links with.The Court of Florence overturned this decision, holding that the standard of proof must be lower and similar to that used to identify a "foreigner eligible for international protection" under Italian law. The lower standard of proof means the Court can recognise statelessness status even when no full evidence of facts is submitted, provided that the applicant has used his reasonable endeavours to substantiate his application, could provide sufficient justification for the absence of significant facts, has submitted plausible and consistent statements, has lodged his application as soon as practicable or has had a good reason for delay, and can be regarded as a credible person.

Court name: Turin Court of First Instance (Tribunale Ordinario di Torino)
State: Italy
Date of decision:

The applicant was a former asylum seeker, who in 2016 was awarded humanitarian protection by the Territorial Commission of Turing, in recognition to the risk of becoming stateless. The applicant could not obtain citizenship under neither the Ivorian nor the Malian law. For this reason, the Turin Court of First Instance recognised the stateless status of the applicant, under Art.1 of the Convention relating to the Status of Stateless Persons (1954 Convention).

Court name: Supreme Court (Corte Suprema di Cassazione)
State: Italy
Date of decision:

The Ministry of Interior requested for the decision concerning the recognition of the respondent’s stateless status, be overturned. The case on appeal raised two points of principle: first, the burden of proof applicable to the determination of whether a person qualifies for stateless status, as defined in the 1954 Convention; and secondly, the consideration of stateless persons as a particular category of aliens comparable to beneficiaries of international protection. The Supreme Court overruled the Court of Appeal’s previous decision and ordered the Tribunal for a new assessment of the applicant’s status.

Court name: Supreme Court (Corte di Cassazione)
State: Italy
Date of decision:

The appellant requested that the decision of the Court of Appeal be overturned, and her stateless status be recognised.  The appeal raises two points of principle: first, the burden of proof applicable to the determination of whether a person qualifies for stateless status as defined in the 1954 Convention; and secondly, the consideration of stateless persons as a particular category of foreigners comparable to beneficiaries of international protection. The court recognised the stateless status of the applicant and overruled the decision of the Court of Appeal.