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.

Court name: Versailles Administrative Court of Appeal
State: France
Date of decision:

The applicant was born in the USSR, on the territory of contemporary Ukraine. He was denied stateless status in France on the basis that he did not make any efforts to get recognised as a national by either Ukraine or Russia. The Court upheld OFPRA's decision, ruling moreover that since the statelessness determination procedure is not aimed at granting residence rights, the applicant cannot rely on potential violations of articles 3 and 8 ECHR in case he is forced to return to Ukraine. 

Court name: Court of Cassation
State: Italy
Date of decision:

The Supreme Court decision laid down the principle according to which the statelessness determination procedure requires evidence of: (i) the lack of nationality of the State with which the person has significant connections and (ii) the legal or factual impossibility of obtaining the nationality of that State.

Court name: Court of Appeal The Hague
Date of decision:

After twice being denied a residence permit, the applicant initiated civil proceedings against the Dutch state to obtain a declaratory judgment that the applicant is stateless. The District Court of The Hague considers, citing three cases from the European Court of Human Rights, that the determination of statelessness is not a fundamental right under art. 8 ECHR and there is no obligation for the country of residence to determine whether someone is stateless, if foreign authorities (such as the country of origin) refuse to grant nationality or acknowledge the applicant as a citizen. If fundamental rights can be safeguarded through a different procedure, there is no violation of art. 8 ECHR.