If a person receives a positive decision from either procedure, they can then seek a residence
permit on the grounds of statelessness for a period of either two or five years and grants them
access to essential services (including the national health system), work rights and the ability to
apply for travel documents. cxii Most significantly, they are entitled to apply for naturalisation after
a five-year period of uninterrupted residence in Italy. cxiii
Italy’s statelessness determination procedure and path to naturalisation for persons formally
recognised as stateless offer a potential blueprint for Australia in terms of a path forward on
addressing statelessness. Careful consideration must be given to the observed strengths and
weaknesses of the Italian administrative and judicial models with a view to assessing which may
work best in the Australian context.
Safeguards Against Childhood Statelessness in Italy
Italian nationality law is based on the principle of jus sanguinis (citizenship by decent, acquired
through a child’s parents), however jus soli (birthright citizenship) applies to children born in Italy
if:
the child’s parents are unknown or stateless;cxiv
if the child cannot acquire their parents’ citizenship;cxv or
if the child is a ‘foundling’.cxvi
Although children who are born stateless in Italy are entitled to acquire Italian nationality, barriers
exist that make it challenging for parents to access this entitlement on their child’s behalf (as is the
case in Australia). For example, parents of Italian-born stateless children must provide relevant
supporting documents to the municipal Nationality Office. These may often include declarations
from foreign embassies that can be challenging or impossible for parents to obtain, especially
those that have been stateless for generations.cxvii
As is also the case in Australia, there is a lack of awareness within Italian stateless communities
about the right of Italian born children to apply for nationality.cxviii
Similar to Australia, individuals and organisations reported similar challenges to addresses
childhood statelessness in Italy, including a lack of understanding about statelessness amongst the
Italian legal profession and a difficulty for stateless people to access and obtain adequate legal
support.
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