decision

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

Litigation

Sabin

Sabin Litigation

Filing Year For Action

This decision concerned a humanitarian appeal by the appellant, a 22-year-old citizen of Tuvalu, against her liability to deportation, which arose after she became unlawfully present in New Zealand. The appellant is married to, but separated from, a New Zealand citizen, and is the parent of a two-year-old son who is a New Zealand citizen. 

The primary issue on appeal is whether the appellant's deportation to Tuvalu, with or without her son, would constitute exceptional humanitarian circumstances.

Tribunal member Roche, on February 18, 2025 granted the appeal, ordering to grant appellant a resident visa. The tribunal partly relied on the known effects of climate change on Tuvalu (as recently canvassed in Limoni [2023] NZIPT) and also referenced the psychological impacts of exposure to slow-onset hazards, namely climate change, on the people of Tuvalu (citing BM (Tuvalu) [2024] NZIPT).