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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10-142363ASD-BORG/01, Norway- Borgarting Court of Appeal, 23 September 2011

23 Nov 2011

Decision in judgment: In favor of the applicant

Country of origin

Somalia

Host origin

Norway

Type of mobility

Cross-border

Hazard

Drought

Rights invoked

Prohibition of Torture, Inhumane and Degrading Treatment

Vulnerability characteristics

Ethnicity/Nationality/Clan affiliation

Applicant description

Adult man

Description

In deportation cases, the state is required to consider a proposed internal relocation alternative that is reasonable, and in so doing it must have regard, amongst other things, to country information revealing serious difficulties associated with the impact of persistent drought on a person’s ability to support himself, in this case through livestock keeping. The case focuses primarily on a procedural law question concerning which provision of domestic law should be followed, but it is important to the extent that it reflects a recognition of the relevance of environmental factors when determining the reasonableness of an internal relocation alternative.

Case type

Names of all parties

Abid Hassan Jama (Applicant). Utlendingsnemda (Immigradtion Appeals Board) (Respondent).

Name of court

Borgarting lagmannsrett, Norway - Court of second instance.