Re BG (Tuvalu)

COURT OR TRIBUNAL

New Zealand Immigration and Protection Tribunal

DATE FILED (OR FIRST HEARING DATE)

13/02/2023

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Human rights

REVIEW TYPE

Merits review

SUMMARY

The Tribunal considered the impacts of climate change when undertaking their assessment of the appellant’s circumstances. See, for example, the below extract from the judgment: [49] The Tribunal acknowledges that Tuvalu, a low-lying country made up of scattered atolls and islands, is especially vulnerable to the effects of climate change, including rising sea levels, increased coastal erosion, salt-water intrusion, and changes in weather patterns (which can result in more intense and regular natural disasters). The existence of climate change, and its impact on vulnerable countries like Tuvalu, has been accepted by the international community and is well-documented. The secondary effects that climate change has had on aspects of life on Tuvalu, including the increase of food insecurity, is noted. [50] While recognising the challenges that climate change presents to all those living in Tuvalu, the Tribunal finds that there is no evidence that the appellant would be unable to access the basic necessities of life now or in the immediate future because of those climate change or environmental impacts.

CASE DOCUMENTS

Re BG (Tuvalu) [2023] NZIPT 505980