Decision of the Court of Cassation, VI Civil Section, No. 4262 of 4 November 2014

The Court of Cassation annulled the decision of the Appeal Court in Rome to not recognize the status of stateless person to a women, who was not able to ‘adequately prove’ that her situation fell within the scope of application of the UN Convention of 1954 on the status of stateless persons. The Supreme Court remembered that the fundamental human rights and other rights of the stateless persons are recognized in Italy in accordance with the Convention; which makes their status comparable to the status of the non EU nationals who are entitled to international protection under EU legislation. The challenged decision was incorrect because it ignored the principles resulting from the Convention, especially with regard to mitigation of the burden of proof for the applicant.