AC (Tuvalu)

COURT OR TRIBUNAL

New Zealand Immigration and Protection Tribunal

DATE FILED (OR FIRST HEARING DATE)

04/06/2014

LITIGATION TYPE

Constitutional and Human Rights / State Accountability

SUBJECT MATTER

Human rights and refugee claims

REVIEW TYPE

Merits review

SUMMARY

(Excerpt from judgment)

[1] These are appeals against decisions of a refugee and protection officer, declining to grant refugee status and/or protected person status to the appellants, citizens of Tuvalu.

…

[3] The appellants claim that there are substantial grounds for believing that they will be in danger of being arbitrarily deprived of their lives or in danger of being subjected to cruel treatment if returned to Tuvalu because of the effects of climate change in Tuvalu. The central issue to be determined by the Tribunal is whether the Government of Tuvalu can be said to be failing to take steps within its power to protect the appellants’ lives from the effects of climate change such that their lives can be said to be “in danger” and whether or not the harm they fear amounts to cruel treatment as that term is defined under the Act.

[4] Given that the appellants’ claims derive to a significant extent from the general conditions in Tuvalu, it is appropriate to first set out some salient features, before turning to detail the experiences and concerns of the appellants.

CASE DOCUMENTS

AC (Tuvalu) [2014] NZIPT 800517