CASE NOTE
TP v MINISTER OF HOME AFFAIRS (SENTENCE NO
9140, 22 APRIL 2014) (TRIBUNAL OF ROME)
PAOLO FARCI *
TABLE OF CONTENTS
Introduction............................................................................................................. 93
Facts ........................................................................................................................ 94
Issues....................................................................................................................... 94
Holding ................................................................................................................... 95
Analysis .................................................................................................................. 96
Conclusion .............................................................................................................. 97
INTRODUCTION
There are two procedures to determine statelessness in Italy. One is under the
competence of the Ministry of the Interior, which can certify, pursuant to the
administrative procedure under art 17 of Decree of the President of the Republic
No 572, 1 the statelessness of applicants who are able to show: (a) a birth
certificate; (b) documentation relating to residence in Italy; and (c) any document
suitable for demonstrating statelessness. The other procedure is under the
competence of the civil courts. 2 This judicial procedure does not require applicants
to provide evidence of their lawful status or residence and thus, it is the route
followed by most stateless persons. 3 The present case, TP v Minister of Home
Affairs, 4 concerns the latter route to statelessness determination and involves TP’s
application to the Tribunal of Rome to recognise his status as a stateless person.
This case represents an unusual example of a court using its inquisitorial powers
to seek evidence in support of its ruling and, as such, it set a judicial precedent,
which can assist the determination of similar proceedings. It was also the first time
*
1
2
3
4
Paolo Farci is an Italian lawyer from Florence specialising for over 25 years in statelessness.
He is a member of the Statelessness Table (United Nations High Commissioner for Refugees)
and a member of the European Network of Statelessness. He is responsible for the Trainingof-Trainers for the judiciary for the JUSTROM-Italy program of the Council of Europe and
the European Union and is an external collaborator at the Ministry of the Interior-Department
for Civil Liberties and Immigration. He is the author of two books on the subject of
statelessness: Paolo Farci, Apolidia (Giuffrè 2012) and Paolo Farci, I Migranti Apolidi di
Lampedusa: Alle Vittime dell'Immigrazione Clandestina (Giuffrè 2014). He can be contacted
at farcipl@avvocatopaolofarci.it.
Decree of the President of the Republic No 572 of 12 October 1993 ‘Implementing Regulation
to the Law No 91 of 5 February 1992’ (1994) 135(2) Gazzetta Ufficiale 3, art 17 (Italy).
MJCA v Prefecture — Territorial Office of the Government of Bologna (First Civil Section,
Sentence No 28873, 9 December 2008) (Supreme Court of Cassation) (Italy).
Decree of 17 February 2017, No 13 ‘Urgent Provisions for the Acceleration of Proceedings
in the Field of International Protection, As Well As for the Fight against Illegal Immigration’,
158(90) Gazzetta Ufficiale 1 (Italy).
TP v Minister of Home Affairs (Sentence No 9140, 22 April 2014) (Tribunal of Rome) (‘TP
v Minister of Home Affairs’).