Court name: Supreme Court (Corte di Cassazione)
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Burden of proof, Determination/confirmation of nationality, Standard of proof, Stateless status and documentation, Statelessness determination
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.