Hong Kong Case Law: Decisions & Judgments

Topic

Immigration discretion

Legal area

Court

15 Apr 2016

NISA AZIZAN AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

NISA AZIZAN AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of First Instance
Case number

HCAL203/2015

The applications are dismissed because the grounds for judicial review of the Director's decisions arose in 2012 (and the Secretary's decision in 2014), the leave application filed in October 2015 was out of time, the applicants failed to provide a good reason to extend time under Order 53 r 4(1) and s21K(6), and the proposed grounds were not reasonably arguable on the merits (no procedural unfairness or Wednesbury unreasonableness).
21 Jul 2011

C v. DIRECTOR OF IMMIGRATION AND ANOTHER

Citation

C v. DIRECTOR OF IMMIGRATION AND ANOTHER
Court

Court of Appeal
Case number

CACV132/2008

The Court held that the concept of non-refoulement of refugees has developed into customary international law but not into a peremptory norm; Hong Kong domestic law (the Immigration Ordinance Cap.115 and legislative intent evidenced in prior statute/regime) overrides that customary international law in local law; Hong Kong was not held to be a definitive persistent objector in any event; delegation to UNHCR for refugee status determination is not unlawful; accordingly the appellants' judicial review claims fail and the appeal is dismissed.
18 Feb 2008

AK v. DIRECTOR OF IMMIGRATION

Citation

AK v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL1/2007

The court held that non-refoulement as applied to refugees is a rule of customary international law but has not attained jus cogens status; Hong Kong has by consistent policy and conduct repudiated that rule and it has not been incorporated into Hong Kong domestic law; accordingly the Director is not legally obliged to conduct a domestic screening of all refugee claimants and may rely on UNHCR determinations so long as he has not fettered his statutory discretion; the applicants' declaratory reliefs are refused.
18 Feb 2008

C v. DIRECTOR OF IMMIGRATION

Citation

C v. DIRECTOR OF IMMIGRATION
Court

Court of First Instance
Case number

HCAL132/2006

Court held that the principle of non-refoulement as applied to refugees has become a rule of customary international law but has not attained jus cogens status; Hong Kong by consistent legislative and executive conduct has repudiated incorporation of that customary rule into domestic law, therefore it is not part of Hong Kong domestic law; accordingly the Director is not legally obliged to conduct domestic screening of all refugee claimants and may lawfully rely on UNHCR determinations provided he does not fetter his statutory discretion.

Hong Kong Case Law

NISA AZIZAN AND ANOTHER v. DIRECTOR OF IMMIGRATION AND ANOTHER

C v. DIRECTOR OF IMMIGRATION AND ANOTHER

AK v. DIRECTOR OF IMMIGRATION

C v. DIRECTOR OF IMMIGRATION