decision

Maaloo 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 appellants, a married couple from Tuvalu. The primary issue on appeal is whether, in circumstances when the appellants have lived in New Zealand for over 23 years, have numerous family members—including two New Zealand-citizen children—in New Zealand, and have no employment or home remaining in Tuvalu, there are exceptional humanitarian circumstances which would make it unjust or unduly harsh for them to be required to leave New Zealand.

Tribunal member Clayton, on December 10, 2024, held that such circumstances exist and therefore ordered to grant resident visas to appellants. In reaching the conclusion, the Tribunal has addressed "the general conditions in Tavalu" as with recognizable impacts of climate change, citing Re Limoni and BM (Tuvalu) v Chief Executive of the Ministry of Business, Innovation and Employment. The court also acknowledged the psychosocial impacts of exposure to hazards, particularly slow-onset hazards such as climate change, relying on the same cases.