decision

Isala 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 the appellant, a 68-year-old citizen of Tuvalu, against his deportation liability, arising from his unlawful presence in New Zealand. 

Tribunal Member Cochrane, on February 12, 2024, allowed the appeal, ordering to grant the appellant a resident visa. The decision was largely based on the lack of family support available to the appellant in his home island in the likely disasters caused by climate change, which made deportation unjust or unduly harsh to the appellant. Particular weight was placed on Tavalu being an atoll that was lying lower than the Funafuti atoll, stating that “Nanumaga will be observing similar, if not worse, local climate change stressors.” The Tribunal also took into account appellant's expressed concern about the impacts of climate change and the absence of family support when disasters hit, as his only family would be on another island, and he would be without family support on Nanumaga. The Tribunal also considered that the maritime travel in reaching another island in the wake of a disaster may not be timely or possible.
