21 Jul 2011
KMF v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Citation
- KMF v. DIRECTOR OF IMMIGRATION AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV134/2008
The Court held that while the concept of non-refoulement of refugees has developed into customary international law, it has not attained jus cogens status and, in any event, clear domestic legislation (the Immigration Ordinance Cap.115) manifests legislative intent to leave removal discretion with the Director and therefore overrides the customary rule in Hong Kong; consequently there is no domestic legal duty requiring the Director personally to undertake RSD or to abandon the established practice of referring claims to UNHCR, and the appeals were dismissed.