21 Jul 2011
BF v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- BF v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV136/2008
Court held that the concept of non-refoulement of refugees has developed into customary international law but has not attained jus cogens; Hong Kong was not found to be a persistent objector but domestic legislation (Immigration Ordinance Cap.115 and legislative history) manifests a clear intent leaving the Director an unfettered discretion to remove persons, thereby overriding any customary international obligation in domestic law; consequently the Director is not legally obliged to undertake refugee status determination personally and reliance on UNHCR procedures is lawful; appeal dismissed.