Italy - Court of Cassation, judgment no. 28153/2017

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.

Italy – Court of Cassation, judgment no. 4262/2015

Court name: Supreme Court (Corte di Cassazione)
State: Italy
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.

Italy – Court of Cassation, judgment no. 1183

Court name: Court of Cassation
State: Italy
Date of decision:
Legal instruments: 1954 Statelessness Convention, European Convention on Human Rights (ECHR)
Key aspects: Determination/confirmation of nationality, Standard of proof, Statelessness determination

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.