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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Ioane Teitiota v. New Zealand (advance unedited version)

9.11 The Committee takes note of the observation of the Immigration and Protection Tribunal that climate change-induced harm can occur through sudden-onset events and slowonset processes. Reports indicate that sudden-onset events are discrete occurrences that have an immediate and obvious impact over a period of hours or days, while slow-onset effects may have a gradual, adverse impact on livelihoods and resources over a period of months to years. Both sudden-onset events (such as intense storms and flooding) and slow-onset processes (such as sea level rise, salinization, and land degradation) can propel cross-border movement of individuals seeking protection from climate change-related harm. 27 The Committee is of the view that without robust national and international efforts, the effects of climate change in receiving states may expose individuals to a violation of their rights under articles 6 or 7 of the Covenant, thereby triggering the non-refoulement obligations of sending states. Furthermore, given that the risk of an entire country becoming submerged under water is such an extreme risk, the conditions of life in such a country may become incompatible with the right to life with dignity before the risk is realized.

7 January 2020 | Judicial Body: UN Human Rights Committee (HRC) | Topic(s): Climate change (including environmental migrants) - Non-refoulement - Right to life | Countries: Kiribati - New Zealand

Ioane Teitiota v. The Chief Executive of the Ministry of Business, Innovation and Employment

20 July 2015 | Judicial Body: New Zealand: Supreme Court | Topic(s): 1951 Refugee Convention - Appeal / Right to appeal - Climate change (including environmental migrants) - Convention on the Rights of the Child (CRC) - Denial of refugee status - International Covenant on Civil and Political Rights (ICCPR) - Jurisdiction - Livelihoods - Refugee / Asylum law - Right to family life | Countries: Kiribati - New Zealand

AF (Kiribati) [2013] NZIPT 800413

25 June 2013 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Topic(s): Climate change (including environmental migrants) | Countries: Kiribati - New Zealand

RRT Case No. 0907346

10 December 2009 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Climate change (including environmental migrants) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Livelihoods - Social group persecution | Countries: Australia - Kiribati

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