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.
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
Case type
Category 1: Court directly considers impacts of disasters, environmental degradation or climate change related to the claim.
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.
Names of all parties
Abid Hassan Jama (Applicant). Utlendingsnemda (Immigradtion Appeals Board) (Respondent).
Name of court
Borgarting lagmannsrett, Norway - Court of second instance.