“It must be emphasized that what is relevant is the de facto statelessness at the time of the children’s birth, since the measure recognizing stateless status is declaratory in nature — it establishes the existence of a factual situation — and not constitutive.” (see Court of Rome, Order of 24 October 2023).
It will therefore be necessary for the applicant to prove his or her stateless status, even if only de facto.
The Decree of the Court of Bari states that in the assessment of gender violence must also take into account the psychological pressures and freedom of self-determination of the victim.
“In any case, the applicants have provided evidence that, in March 2017, they submitted to the Consulate General of Italy in Curitiba […] a request for recognition of Italian citizenship iure sanguinis; however, this application has to date received no response. Moreover, applications for recognition of Italian citizenship at that diplomatic office have an average waiting time of about ten years. Even regardless of the aforementioned legal provisions, it can therefore be stated that such timeframes amount to a de facto denial of the applicant’s claimed right, thus justifying recourse to judicial proceedings.”
Having documented the direct line of descent of the Brazilian applicants from an Italian ancestor, as well as the submission of their request for recognition of status civitatis to the Italian Consulate in Curitiba as early as 14 February 2018, without any response, the judge reaffirmed that:
“The uncertainty surrounding the outcome of the request for recognition of Italian status civitatis iure sanguinis, together with the passage of an unreasonable period of time in relation to the interest at stake — resulting moreover in harm to that very interest — amounts to a denial of the recognition of the right, thereby justifying recourse to judicial protection.”
“The fact that the criminal offence underlying the refusal has become time-barred does not undermine the Administration’s power to base its negative determination on that same fact, by assessing the historical event as indicative of a lack of social integration on the part of the aspiring citizen. In such a case, the Ministry of the Interior must evaluate whether the individual’s conduct — in light of the specific circumstances of the event — indicates a failure to achieve full social integration and, consequently, a lack of assimilation into the national community, taking into account, overall, the person’s lifestyle, duration of stay in the national territory, family ties, employment, and all other relevant elements (Council of State, Section III, No. 1837/2019). This assessment was found to have been properly carried out.”
Trafficking of women constitutes an act of persecution based on membership of a particular social group and, if its specific applicability to the applicant is established, as in the present case, it constitutes the basis for the recognition of refugee status […]
Cittadinanzattiva
Legal and administrative office
via Imera, 2 - (00183) Rome
Phone: (+39) 06.36.71.81
Email: mail@cittadinanzattiva.it
CILD
Legal and administrative office
Via dei Monti di Pietralata, 16 - (00157) Rome
Phone: (+39) 06.45.06.850
Email: info@cild.eu
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