Re Pasama

COURT OR TRIBUNAL

New Zealand Immigration and Protection Tribunal

DATE FILED (OR FIRST HEARING DATE)

07/08/2023

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Human rights and refugee claims

REVIEW TYPE

Merits review

SUMMARY

The Tribunal considered the impacts of climate change on the appellant’s circumstances at numerous parts of their assessment. See, for example, the below extract from the judgment:

[59] Furthermore, in Nanumaga, the appellants will be confronted with long-term exposure to the impacts of disasters and climate change. Although significant adaption measures are planned, it seems these have yet to begin and the timeframe for doing so is unclear. The husband and wife’s letter in support of the appeal evidences fear and anxiety over their long-term wellbeing, and that of their daughter, associated with the inevitability of such events and compounding of the already substantial impacts of Tropical Cyclone Pam.

[60] The daughter, while of a young age, has only ever known life in New Zealand, where she enjoys a close relationship with her parents’ families. These circumstances, together with the humanitarian challenges faced by young children in Tuvalu generally and in the context of climate change, mean that it is in her best interest that she remains living in New Zealand.

CASE DOCUMENTS

Re Pasama [2023] NZIPT 506000

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