Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


Judgment: Climate Refugee Claim Appeal Refused

[Full judgment: TeitiotavCEOMinistryBussIE.pdf]

IN THE HIGH COURT OF NEW ZEALAND
AUCKLAND REGISTRY
CIV-2013-404-3528
[2013] NZHC 3125

BETWEEN IOANE TEITIOTA
Applicant
AND THE CHIEF EXECUTIVE OF THE MINISTRY OF BUSINESS INNOVATION AND EMPLOYMENT
Respondent


RESERVED JUDGMENT OF PRIESTLEY J

[...]

Why does the applicant think he is a refugee?

[...]

[14] Overcrowding is a problem which the Kiribati government has had to confront. A long term problem for the Kiribati government is steadily rising ocean levels attributable to climate change.

[15] There is the perception that the inhabitants of Kiribati will be obliged to leave their islands because of rising ocean levels and environmental degradation. This has led to the applicant’s claim for refugee status.

[16] A refugee and protection officer declined to grant the applicant refugee status and/or protected person status. The applicant exercised his statutory right of appeal to the Immigration and Protection Tribunal (the Tribunal). In a lengthy and carefully considered decision released on 25 June 2013 the Tribunal held that the applicant was neither a refugee nor a protected person.

[...]

What are the applicant’s questions of law?

[40] Mr Kidd advanced six questions of law which were, with respect, somewhat imprecise. They were:

(a) The word “refugee” extends to people who are refugees from climate change and its effects and that by referring to such people as “sociological refugees” the Tribunal had erred.
(b) The Tribunal erred in finding that because all people in Kiribati suffer from the same results of “global warming” this disqualifies the applicant from claiming refugee status.
(c) Green house gases are responsible for rising sea levels and changes of weather patterns (inherent in climate change) and, as such, constitute an indirect but worldwide “human agency”.
(d) The Tribunal had failed to consider Articles 2, 3(a) and 24(1) of the ICCPR as they might relate to the three children of the applicant and had further failed to consider Articles 24(1) and 2(a)-(c) of the United Nations Convention on the Rights of the Child (UNCROC).
(e) The Tribunal erred in law in not considering the situation of the applicant’s children separately, particularly as regards the effect on them of water and food deprivation as New Zealand born children who, if returned to Kiribati where they had never lived, would suffer serious harm.
(f) The factual finding of the Tribunal that the applicant’s food and water supply were adequate was a “misdirection” because of the evidence of the effects severe overcrowding and future climate change would have on the applicant and his children.

[…]

Result

[63] For the reasons which are apparent in the previous sections of this judgment and particularly the “Analysis” section, leave to appeal under s 245 from the 25 June 2013 decision of the Immigration and Protection Tribunal on the grounds that the decision was erroneous on points of law is refused. The attempt to expand dramatically the scope of the Refugee Convention and particularly Article 1A(2) is impermissible. The optimism and novelty of the applicant’s claim does not, in the context of well settled law and the current concerns of the international community, convert the unhappy position of the applicant and other inhabitants of Kiribati into points of law.

[64] The decision of the Tribunal is confirmed.

[Full judgment: TeitiotavCEOMinistryBussIE.pdf]

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Half Empty: Dairy Prices Drop To Lowest Since August 2009

Dairy product prices fell to the lowest level in more than five years in the latest GlobalDairyTrade auction, led by declines in butter milk powder and whole milk powder.

”Stocks of dairy commodities are building across the globe due to Russia’s current ban on importing dairy products from many Western nations, and a lack of urgency from Chinese buyers, while at the same time global milk supplies are expanding,” AgriHQ dairy analyst Susan Kilsby said in a note. More>>

 

Slippage: NZ Universities Still In Top 3% Globally

This year the University of Auckland ranked 175 (down from 164 last year); the University of Otago ranked 251-275th (down from 226-250), both Victoria University of Wellington and the University of Canterbury held their ranks (at 276-300thand 301-350 respectively), while the University of Waikato dropped from 301-350 to 351-400. More>>

ALSO:

Gordon Campbell:
On The Last Rites For The TPP

The Trans Pacific Partnership trade deal is one of those litmus issues that has always had more to do with one’s place on the political spectrum than with any imminent reality... For the TPP’s friends and foes alike though, the end now seems nigh. More>>

Gordon Campbell: On The Farcical Elevation Of David Seymour

With the election won, it’s time to find jobs for the boy. David Seymour is the Act Party’s latest scrounger to be rewarded by the National Party, and not only with a seat in Parliament. More>>

ALSO:

As Key Mulls Joining ISIS Fighting: McCully Speech To UN Backs Security Council Bid

It is an honour to address you today on behalf of the Prime Minister and Government of New Zealand. Our General Election took place last week - our Prime Minister Rt Hon John Key is engaged in forming a government and that is why he is unable to be here in New York... More>>

ALSO:

Labour: Cunliffe Triggers Party Wide Leadership Contest

David Cunliffe has resigned as Labour Leader, but says he will seek re-election... If there is any contest the election will have to go through a process involving the party membership and union affiliates. More>>

ALSO:

Flyover Appeal: Progress And Certainty, Or Confusion And More Delays?

Lindsay Shelton: The Transport Agency, embarrassed by the rejection of its flyover alongside the Basin Reserve, says it’s appealing because the decision could “constrain progress.” Yet for most clear-sighted Wellingtonians a 300-metre-long concrete structure above Kent and Cambridge Terraces would in no way be seen as progress… More>>

ALSO:

Gordon Campbell: On Cunliffe’s Last Stand

Right now, embattled Labour leader David Cunliffe has three options. None of them are particularly attractive for him personally, or for the Labour Party... More>>

ALSO:

Key Seeking 'New Ideas': Look To Children’s Commissioner On Poverty - Greens

John Key should not reinvent the wheel when it comes to ideas for tackling child poverty, and instead look to the recommendations of the Children’s Commissioner’s Expert Group on Child Poverty, Green Party co-leader Metiria Turei says. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news