“We’ll keep fighting until we get to our goal”
Uncle Paul
Last week marked a pivotal moment as Uncle Pabai and Uncle Paul took their landmark climate case to the full Federal Court. Thank you to everyone who stood with the Uncles in their fight to save their home and submitted a message of support!
We presented Uncle Pabai and Uncle Paul with a collage and world map showcasing 11,000 supporters standing in solidarity, complete with the personal messages and photos Amnesty supporters submitted.
The background
Over the four days of hearings last week, the full Federal Court heard a landmark appeal from Uncle Pabai and Uncle Paul. They argued the Commonwealth owes Torres Strait Islanders a legal duty of care and has failed to protect them from the impacts of climate change.
This appeal follows the 2025 ruling, where the Federal Court acknowledged that Torres Strait communities and cultures are being “ravaged by human-induced climate change”, but the Justice held that, as a lone Justice, he could not expand Australian law to recognise a new duty of care.
What happened
The Uncles argued that the Commonwealth didn’t consider best available science when setting emissions reduction targets, and that additional emissions from these targets harmed Torres Strait Islander’s homelands and culture.
The Commonwealth argued that setting emissions targets is a purely political decision, that extra emissions have not materially caused loss of culture, and the Government owes no legal duty of care when making these decisions.
What’s next
If successful, this appeal will transform Australian climate law, holding the Government legally accountable for ignoring the human cost of climate change. But currently, the Australian Government is caving to big oil, gas, and coal companies, choosing to protect their profits over people at risk from climate change.
The impacts of climate change are already being felt.
During January 2026 king tides, waters flooded homes on Yam Island, while Boigu – where Uncle Pabai is a Traditional Owner – recorded a 4.5m tide on an island with a maximum elevation of just 3m.
“Why is the government turning a blind eye to all Indigenous people of Australia facing climate change? Why does the Australian Government keep approving new coal mines and gas projects when it knows the damage? Australia is the third largest exporter of fossil fuel emissions in the world. We Torres Strait Islanders will be the first climate change refugees. Let’s stand together in solidarity and deal with the problem.” – Uncle Paul
“We Torres Strait Islanders will be the first climate change refugees. Let’s stand together in solidarity and deal with the problem.”
Uncle Paul
Last week Uncle Paul told ABC News Radio “we have no other choices, all we’ve got is to fight. We’ll keep fighting until we get to our goal.”
We know you’ll stand with Uncle Pabai and Uncle Paul, and keep fighting, as their appeal progresses in court over the coming months.
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