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The Climate Litigation Database

FA v. the Secretary of State for the Home Department (SSHD)

Geography
Year
2020
Document Type
Litigation

About this case

Filing year
2020
Status
Decided
Court/admin entity
United KingdomFirst-tier Tribunal (Immigration and Asylum)
Case category
Suits against governments (Global)Human Rights (Global)Climate migration (Global)
Principal law
International LawEuropean Convention on Human RightsUnited KingdomImmigration and Asylum Act 2002United KingdomNationalityUnited KingdomHuman Rights Act 1998
At issue
Whether health and family-related issues permit an individual to remain in the United Kingdom.

Documents

Filing Date
Document
Type
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Summary

This asylum appeal was reviewed by the UK’s First-tier Tribunal (Immigration and Asylum Chamber) and approved on human rights grounds. The applicant claimed asylum in November 2020, and then in November 2023 appealed the refusal from the Home Office within the 14 day appeal period. The case was decided in November 2025.

The Tribunal Judge considered the individual’s right to private and family life (Article 8 of the European Convention on Human Rights (ECHR)) as allowed by the Nationality, Immigration and Asylum Act 2002 and UK Immigration Rules, and determined that the individual would be allowed to remain in the UK. This prevented his removal back to his home country, the Philippines.

The appellant proved that he had suffered demonstrable mental harm (PTSD) as a result of typhoons in his home country, which caused the loss of his home. His legal team successfully argued that this would be worsened by forcible separation from his partner, who is based in the UK and whose daily emotional and physical support is central to his stability. He also had family members affected by recent typhoons in the Philippines.

The appellant was able to demonstrate that the government in the Philippines had failed to do climate adaptation and mitigation, as well as evidencing a lack of adequate mental health provisions in the Philippines and the significant rise in suicide rates within affected Filipino communities, linked to the increasing severity of typhoons.

While his initial application for asylum had been denied for falling outside of the 1951 Refugee Convention, he won his appeal on human rights grounds (Article 8) and was allowed to remain in the UK.