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.

TIMELINE OF THE CASE

Decided in favor of the State

Decided in favor of the applicant

2020

2021

BACK

Cour administrative d’appel de Bordeaux 2ème chambre, 20BX02193, 20BX02195, December 18, 2020

18 Dec 2020

Decision in judgment: In favor of the applicant

30 Dec 2021

Appellate decision: In favor of the State

Country of origin

Bangladesh

Host origin

France

Type of mobility

Cross-border

Hazard

Environmental Degradation

Rights invoked

Right to Healthy Environment, Other

Vulnerability characteristics

Ill health

Applicant description

Adult man

Description

This case concerns the decision by the court of appeal of the Bordeaux region to dismiss an appeal by the state challenging an earlier judicial decision to grant a temporary residence permit to a Bangladeshi national with serious respiratory illness, whose condition, it was argued, would be made considerably worse if returned to Bangladesh owing, in part, to the adverse impacts of air pollution in the country. The decision of the Bordeaux court was appealed and reversed by the Supreme Administrative Court of France in December 2021.

Case type

Names of all parties

Applicant: M.A., a Bangladeshi national residing in France - Respondent: The Prefect of the Haute-Garonne department, representing the French government, (the "Prefect")

Name of court

Administrative court of appeal of Bordeaux ("cour administrative d'appel de Bordeaux"), France - Court of second instance.

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