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
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
Case type
Category 1: Court directly considers impacts of disasters, environmental degradation or climate change related to the claim.
Category 2: Applicant expressly relies on the impacts of disasters, environmental degradation or climate change.
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.
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.