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

The appellant faced deportation even though her stateless status was de facto recognised. For this reason, the appellant requested that the Justice of Peace’s decision be overturned, and for her stateless status to be recognised. The Supreme Court recognised the applicant’s stateless status and overruled the Justice of Peace’s decision.

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

The Court of Cassation ruled that a stateless person could be deported only in the case provided for in Article 31 of the 1954 Convention, i.e. on the basis on national security or public order, and not on the grounds of their irregular presence on the territory. Article 31 is applicable, by analogy, to de facto statelessness and/or pending a formal statelessness determination procedure, if the condition of stateless had already emerged from the information and documentation provided by the competent authorities (of the Italian state or of the country of origin). The Court recognised the de facto stateless status of the applicant and repealed the deportation orders.