21 Jul 2011
VK v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- VK v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV135/2008
The Court held that although the concept of non-refoulement of refugees has developed into customary international law, it has not attained jus cogens status and, in any event, the Immigration Ordinance evinces a clear legislative intent giving the Director an unfettered discretion which overrides that customary rule in Hong Kong; Hong Kong was not treated as a valid persistent objector on the basis required but domestic statute governs; the Director's humanitarian practice and reliance on UNHCR for refugee status determination does not create a legal duty to conduct in-house RSD; appeal dism…