TP v Minister of Home Affairs actively engaged in the search for evidence. 32 Usually, nationals of a state can easily provide proof of their status through certificates issued by the competent authorities. However, pursuant to art 2697 of the Italian Civil Code, 33 a stateless person must provide proof demonstrating that they lack citizenship of the state with which they have, or had, significant connections (‘whoever wants to assert a right in court must prove the facts that constitute its foundation’). In the case of evidentiary gaps, the principle of attenuation applies to the burden of proof, creating an obligation for the judge to collaborate with the applicant. 34 Other case law clarifies that the judge could investigate beyond the evidence provided by the parties, as nationality and statelessness are questions of public interest. 35 Following this trend, some courts, including the Tribunal of Rome in this case, have taken steps to find documentation or request information from the competent administrative authorities. 36 The Supreme Court of Cassation also strengthened the procedural guarantees for stateless persons by ruling that the judge has an obligation to acquire official information. 37 CONCLUSION TP v The Minister of Home Affairs constitutes an important precedent in the recognition of statelessness for individuals of Tibetan origin, who are born and/or residing in India. The Tribunal of Rome correctly engaged in an investigation of the nationality legislation of India, where TP was born and resided, and Italy, where TP currently lives. Subsequently, with ANH v Ministero dell’Interno, the Supreme Court of Cassation determined that, where the state refuses to confer individual protections or prerogatives due to nationals, those nationals have the burden of challenging this decision, including by judicial means. 38 Very often, however, it is difficult, if not impossible, for the person concerned to do so. Clandestinely leaving a state, without adequate documentation, can constitute a crime and their return to the state of origin could place them at risk. The same risk could exist if a person were to go to the embassy of their country. It is also difficult, time-consuming and expensive for a stateless person to take legal action against their state of origin from Italy. The burden is not one that can be met by the applicant; they are unable to properly respond to the material conduct of the state. It is a probatio diabolica against which the judiciary has repeatedly expressed its opposition in the context of ascertaining the status of stateless persons. 32 33 34 35 36 37 38 ibid 3. Royal Decree No 262 of 1942 ‘Civil Code’, art 2697 (Italy). Ministero dell’Interno v AM (First Civil Section, Sentence No 16114, 14 June 2019) (Supreme Court of Cassation) (Italy). Decreto 20 Marzo 1954 (1955) Giurisprudenza 117 (Tribunal of Taranto) (Italy). Decreto 5 Marzo 2003 (n 19), which requested the Italian Ministry of Justice find Cuban legislation on nationality. Sentence No 14918 (n 19). ANH v Ministero dell’Interno (First Civil Section, Sentence No 4257, 4 March 2016) (Supreme Court of Cassation) (Italy). 97

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