decision

0907346 [2009] RRTA 1168 - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

The applicant sought review of the Minister for Immigration and Citizenship delegate’s decision to refuse to grant the applicant a Protection (Class XA) visa under s.65 of the Migration Act 1958. The applicant claimed to be a citizen of Kirbati, which is a pacific country made of a series of islands threatened by sea level rise. The applicant had last arrived in Australia in December 2007 and applied for the visa in May 2009. The delegate decided to refuse the visa in August 2009. The applicant applied for a review of the decision in September 2009. 

Australia is a party to the Refugees Convention, which defines a refugee as: being outside his country; fearing persecution involving serious harm and systematic and discriminatory conduct; fearing that persecution because of his race, religion, nationality, membership of a particular social group, or political opinion; and having that fear be well-founded.

The applicant claimed that some of the Kirbati islands are disappearing due to climate change and sea-level rise, and the future of the country is disappearing due to climate change. The applicant claimed that the main livelihood is ruined and destroyed on the islands, as well as the freshwater supply. The Court found that the continued production of carbon emissions that cause climate change is not sufficient to constitute persecution under the Refugee Convention in a decision issued on December 10, 2009 as there was no evidence that the persecution the applicant was fearing was occurring because of his membership to any particular group.


0907346 [2009] RRTA 1168

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Aligning the skills of the workforce with the requirements of the just transition.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

Actions or measures to adapt freshwater systems to climate change.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

0907346 [2009] RRTA 1168 - decision

Risk

Impacted group

Just transition

Greenhouse gas

Economic sector

Adaptation/resilience

Finance