ineligible to apply under this system by virtue of their circumstances; noting that many
stateless people do not have a birth certiFicate and are prohibited to living legally in Italy.
The shortcomings of the administrative procedure were also emphasised by the individuals and
organisations I met with on the Italian leg of my Churchill Fellowship.
Judicial procedure: Statelessness determination may also occur through specialised sections of
the applicant’s local Civil Court.cviii Unlike the administrative procedure, there is no need for the
applicant to have a birth certificate or valid residence permit and the procedure lasts 1–2 years on
average. However, applicants must be assisted by a lawyer and pay a €259 procedure fee.cix
Applicants can apply for State funded legal aid which can cover both the procedure and lawyer
fees.cx Applicants can also ask the judge to grant them a resident permit pending the outcome of
the procedure.cxi Experts I met with in this stage of my Fellowship advised that the majority of
applicants elected to go through the judicial (rather than administrative) procedure.
Comparative Summary of Italy’s Two Statelessness Determination Procedures
Administrative Procedure
Judicial Procedure
Birth Certificate required?
Yes.
No.
Proof of legal residence in
Italy required?
Yes.
No. Applicant can request
residence permit pending
outcome of the decision.
Application fee?
No.
Yes: €259. Some legal aid
available (by application) to
cover fee.
Interview required?
No – all done on the paperwork.
Can provide oral evidence and
submissions.
This can be challenging for stateless
applicants with limited access to
documentation and literacy skills,
noting that many stateless people
face difficulties in accessing
education.
Legal representation
required?
No.
Yes.
Average wait time for
decision?
2-3 years
1-2 years
Appeal rights?
Yes.
Yes.
Some legal aid available.
56