The Climiglaw Database

A global climate mobility case law database

This is a beta version of the Climiglaw Database, a free-to-access global database collating and summarising judicial decisions concerning all forms of internal and cross border climate-related (im)mobility. It is co-created by the Global Strategic Litigation Council, Earth Refuge, the Raoul Wallenberg Institute and the Zolberg Institute for Migration & Mobility.
The database is designed to support civil society in their efforts across the world to effectively advocate for the rights of all climate-displaced people. If you have any feedback or would like to propose new cases to add to the database, please click here.

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A v Minister for Immigration & Ethnic Affairs [1997] HCA 4

24 Feb 1997

Country of origin

China

Host origin

Australia

Type of mobility

Cross-border

Applicant description

Family/couple with children

Case type

Category 3: Obiter dictum. Court references environmental phenomena in case that concerns other issues.

Description

The case is significant because it includes the statement obiter dictum that has been cited by judges in multiple other jurisdictions. The statement by Dawson J reads: “By including in its operative provisions the requirement that a refugee fear persecution, the Convention limits its humanitarian scope and does not afford universal protection to asylum seekers. No matter how devastating may be epidemic, natural disaster or famine, a person fleeing them is not a refugee within the terms of the Convention." This is an important case for the development of international refugee law, so the way it treats disasters is important.

Names of all parties

Anonymised applicant. Minister of Immigration and Ethnic Affairs.

Name of court

High Court of Australia - Court of final instance.