2021 Statelessness & Citizenship Review 3(1) that a court found the Government of India’s practice regarding the treatment of Tibetans born in India to Tibetan parents amounted to a denial of nationality. 5 FACTS TP is a person of Tibetan origin (both parents were born in Tibet). 6 Although he was born, resided and legally attended school in India until his departure for Italy in 2007, the authorities of India never recognised him as an Indian citizen nor as a refugee or stateless person. 7 Theoretically, TP would be entitled to acquire Indian nationality under Indian nationality law. 8 However, the Indian authorities issued TP with an identity certificate in 2003, stating he was of Tibetan nationality. 9 Additionally, TP did not enjoy rights typically afforded to Indian nationals including right to vote and work for the government. 10 In 2008, the Consulate General of India in Milan refused to recognise TP as an Indian national or issue a passport. Instead, they confirmed TP’s Tibetan nationality. 11 Consequently, TP applied to the Tribunal of Rome for recognition of his status as a stateless person. ISSUES Under the 1954 Convention Relating to the Status of Stateless Persons (‘1954 Convention’), as ratified by Italy, the assessment of statelessness requires checking whether a person ‘is not considered as a national by any State under the operation of its law’. 12 Thus, the question for Tribunal of Rome in the present case was whether the appellant was a citizen of either country they had connections with, namely India or Italy. 13 If the applicant was a citizen of India, the Tribunal also had to determine whether the treatment by the Indian authorities was essentially equivalent to refusing the individual protections or prerogatives linked to nationality. 14 5 6 7 8 9 10 11 12 13 14 As I was the lawyer representing the applicant, this case note is partly based on the court decision and partly on my experience and knowledge of the claim. ibid 3. ibid. India has never acceded to the following conventions: Convention Relating to the Status of Refugees, opened for signature 31 August 1951, 189 UNTS 137 (entered into force 22 April 1954); Convention Relating to the Status of Stateless Persons, opened for signature 23 September 1954, 360 UNTS 117 (entered into force 6 June 1960) (‘1954 Convention’). TP v Minister of Home Affairs (n 4) 3. ibid. India: Information on Tibetan Refugees and Settlements’ (Query No IND03002.ZNY, United States Bureau of Citizenship and Immigration Services 30 May 2003) <https://www.refworld.org/docid/3f51f90821.html>. TP v Minister of Home Affairs (n 4) 3. 1954 Convention (n 7) art 1. TP v Minister of Home Affairs (n 4) 2–3. ibid. 94