decision

BM (Tuvalu) v Chief Executive of the Ministry of Business, Innovation and Employment - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

This was a humanitarian appeal by a married couple from Tuvalu, along with four of their five children, against their deportation liability. The primary issue on appeal is whether there are exceptional humanitarian circumstances in this family's case, given that the husband and wife cannot return to their home islands, that they have resigned from their jobs and are unlikely to regain employment in Funafuti, and that a return there will negatively affect the children's best interests.

Tribunal member Clayton, on July 15, 2024, allowed the appeal, ordering to grant resident visas to appellants and their children. The Tribunal canvassed the psychological harm arising from long-term exposure to slow-onset hazards such as climate change and a 2020 study on the mental health impacts of climate change on Tuvaluans. 