- Natural disasters don’t discriminate, but post-disaster humanitarian relief can be politicised, and armed conflicts can be linked to disasters: Although there is strong judicial authority that persons fleeing natural disasters cannot obtain protection under the Convention, the tribunal considered the more nuanced post-disaster landscapes in which persecution can occur and found that these situations could theoretically give rise to Convention obligations. The tribunal evaluated existing international and domestic law before cautioning that no hard and fast rules of non-applicability exist for persons seeking protection and that each case must be evaluated on its merits.
- In this case, there was no persecution, and no nexus to a protected ground: The tribunal found that although a natural disaster and attendant events could theoretically give rise to Convention obligations, in the present case there was insufficient evidence to support a finding of persecution, and there was no imminent threat to AF because of a protected ground.
Potential takeaways for future climate migration litigation
- This lengthy decision includes careful evaluation of the potential for climate-based or climate-connected Convention claims under international and New Zealand law. Although its value as precedent is limited, the discussion will be useful for anyone with a climate-based claim to protection.
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