AD (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 humanitarian appeals by the appellants, citizens of Tuvalu, under section 194(5) and (6) and 195(6) and (7) of the Immigration Act 2009 (“the Act”) against liability for deportation on the ground of being unlawfully in New Zealand. The decision needs to be read in conjunction with the contemporaneously issued decision of the Tribunal in respect of the refugee and protected person claims lodged by the appellants; see AC (Tuvalu) [2014] NZIPT 800517-520.

[2] The appellants claim that if deported to Tuvalu they will be separated from the husband’s family, all of whom are living in New Zealand as either citizens or residents, and with whom they have particularly close bonds. The appellants also claim that they will be at risk of suffering the adverse impacts of climate change and socio-economic deprivation. The primary issue for determination is whether these factors, either alone or in combination, amount to exceptional circumstances of a humanitarian nature. For the reasons which follow, the Tribunal is satisfied that this is the case and that it would not be contrary to the public interest to allow the appellants to remain in New Zealand. They, and their two children, are each to be granted residence visas.

CASE DOCUMENTS

AD (Tuvalu) [2014] NZIPT 501370