The Wireless

That sinking feeling

07:45 am on 27 November 2013

A Kiribati man seeking to become the world's first climate change refugee has been knocked back by the High Court which has refused permission to challenge a decision denying him asylum.

Ioane Teitiota, who is facing deportation after overstaying his visa, sought leave to appeal against an Immigration and Protection Tribunal decision, at the High Court in Auckland on October 26.

His lawyer argued that he should be given refugee status in New Zealand because of the effects of global warming on Kiribati, where high tides breach sea walls on the island and the ocean is contaminating drinking water, killing crops and flooding homes.

But in a written decision released yesterday, Justice Priestly ruled the claim fell short of the legal critiera for refugee status and upheld the original immigration tribunal decision, as returning to Kiribati would not equate to a sustained and systemic violation of Mr Teitiota's basic human rights.

Mr Teitiota's lawyer, Michael Kidd, says they have until just before Christmas to appeal the decision.

The ruling comes as a new Asian Development Bank report details how Pacific countries are bearing the brunt of climate change.