Italy: Information for stateless people and those at risk of statelessness fleeing Ukraine For more information, see: • • • • • • • • UNHCR Italy, Asylum in Italy Ministry of the Interior, Page on refugees from Ukraine, Practical Guide for Asylum-seekers in Italy Bocconi University, Project UASI (Ukraine – support and information) Sant’Anna, Essential Guidelines for People Fleeing Ukraine Mazzeschi, About the Temporary Protection for Ukrainian Citizens in Italy Right to Protection, Who are stateless persons who fled Ukraine after the Russian invasion on 24 of February, 2022 KIND & Child Circle, Note on unaccompanied children fleeing Ukraine ECRE, Information Sheet, Measures in response to the arrival of displaced people fleeing the war in Ukraine 3. STATELESSNESS DETERMINATION AND PROTECTION STATUS For stateless people, it is important to determine both a claim for international protection and their statelessness. Each application should be assessed and both types of status should be explicitly recognised so that even if international protection ceases, the person remains entitled to protection as a stateless person. Statelessness determination should be conducted either in parallel with or following the refugee status determination, with due regard to the primacy of the asylum claim and the principle of confidentiality for refugees in statelessness determination procedures. For more information, see: ENS briefing on statelessness determination & protection in Europe. Italy has a dedicated statelessness determination procedure and statelessness protection status. The procedure is summarised in the table below. For more information, see: ENS Statelessness Index Italy. Stateless persons are strongly advised to seek expert legal advice on their rights in Italy (e.g., from Consiglio Italiano per i Rifugiati). What is it? Can stateless and/or undocumented persons apply? Where to apply? Procedure & rights Rights upon recognition Statelessness Status Protection for stateless people under the 1954 Convention Relating to the Status of Stateless Persons; two routes are available - an administrative procedure (for stateless people who already have a residence permit in Italy) and a judicial procedure (for all stateless people); applicants are strongly advised to seek legal advice to select the appropriate procedure Yes Administrative procedure: Ministry of Interior, directly or through local prefecture (Prefettura) where the applicant is residing Judicial procedure: Court of the municipality where the applicant is residing Administrative procedure: provide birth certificate; proof of lawful residence in Italy; evidence of statelessness; burden of proof lies with the applicant; no interview; decisions can take up to several years; decisions provided in writing and reasoned Judicial procedure: no requirement to demonstrate lawful residence; legal assistance required (free legal aid may be obtained subject to eligibility); court hearing; shared burden of proof; decisions in writing and reasoned; right to appeal; applicants may apply to the court for a temporary residence permit while the decision is pending; applicants with a temporary residence permit are not detained Apply for renewable residence permit (normally granted for two years but practice varies); travel document; right to work; social security; healthcare; education; reduced residency requirement for naturalisation