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The Climate Litigation Database

AX (Somalia) v Refugee and Protection Officer

Geography
Year
2025
Document Type
Litigation

About this case

Filing year
2025
Status
Decided
Court/admin entity
New ZealandImmigration and Protection Tribunal
Case category
Suits against governmentsHuman RightsClimate migration
Principal law
International Law1951 Convention Relating to the Status of RefugeesNew ZealandImmigration Act 2009
At issue
Whether the decision of a refugee and protection officer, to decline granting refugee status or protected person status to a citizen of Somalia, was correct, considering Somalia's vulnerability to climate changes.
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Documents

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Summary

This appeal concerns a decision of a refugee and protection officer declining to grant refugee or protected person status to the appellant, a citizen of Somalia. The appellant feared returning to Somalia, as he considered that Al-Shabaab would seriously harm him. Trbiunal Member Aitchison, on July 30, 2025, held that appellant was a refugee within the meaning of the Refugee Convention. The Tribunal found that the appellant was likely to face a tapestry of such harms that cumulatively reached the threshold of serious harm. Part of the Tribunal’s consideration centred on climate insecurity, with Somalia ranking seventh among the world’s most vulnerable countries to climate change. The Tribunal noted that the effects of climate change are compounded by the actions of Al-Shabaab, noting that while droughts and climate change did not create Al-Shabaab or cause Somalia’s instability, they have shaped the environment in which the conflict is taking place and influenced the militant group’s tactics and evolution, relying on a report from the International Crisis Group “Fighting Climate Change in Somalia’s Conflict Zones”. The Tribunal found that the [ICG] reports convey how climate change and conflict are increasingly intertwined, and Al-Shabaab are exploiting climate threats and emergencies.

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Group
Topics
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Economic sector
Climate finance