21 Jul 2011
YAM v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- YAM v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV137/2008
Court held that non-refoulement of refugees has developed into customary international law but not into a peremptory norm; domestic law (Immigration Ordinance Cap.115 and legislative scheme including treatment of Vietnamese refugees) demonstrates clear legislative intent to leave the Director's discretion unfettered and therefore overrides any incorporated customary rule; reliance on UNHCR for RSD is not unlawful; appeal dismissed.