decision

Re Limoni - decision

Litigation

Sabin

Sabin Litigation

Filing Year For Action

This was a humanitarian appeal by the appellant, a 43-year-old citizen of Tuvalu, against her liability for deportation, which arose when her presence in New Zealand became unlawful. 

Tribunal member Roche, on August 8, 2023, allowed the appeal and granted the appelant a resident visa. The Tribunal found that there were exceptional circumstances making deportation unduly harsh, including the impacts of climate change on Tuvalu. The tribunal, for instance, found that fish—previously the primary source of protein in Tuvalu—was becoming scarcer due to climate change and the degradation of coral reefs and that therefore climate change was causing food scarcity and poverty in Tuvalu. The Tribunal also considered the impact of climate change as a stressor on housing in Funafuti. Considering multiple other factors as well, the Tribunal concluded that there are exceptional circumstances of a humanitarian nature which would make it unjust or unduly harsh for the appellant to be deported from New Zealand.