- 1 result found
- 2017
- Burden of proof
- Statelessness determination
- Italy
- Clear
Court name: Supreme Court (Corte Suprema di Cassazione)
State: Italy
Date of decision:
Legal instruments: 1954 Statelessness Convention
Key aspects: Acquisition of nationality, Burden of proof, Standard of proof, Stateless status and documentation, Statelessness determination
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.