C and Others v. Director of Immigration and Another (United Nations High Commissioner for Refugees intervening)

Abstract

Aliens — Refugees — Applicants seeking refugee status in Hong Kong — Convention relating to the Status of Refugees, 1951, and 1967 Protocol (“Refugee Convention”) — Article 33(1) of Refugee Convention — Non-refoulement principle — Whether part of customary international law — Whether acquiring status of jus cogens — Determination of refugee status by Hong Kong Sub-Office of United Nations High Commissioner for Refugees (“the UNHCR”) — Exercise of discretion by Director of Immigration — Whether Director of Immigration under legal obligation to determine refugee status — Whether Director of Immigration having legal obligation to inquire into non-refoulement claims

Relationship of international law and municipal law — Refugee Convention — Refugee Convention not extended to Hong Kong — Immigration Ordinance Cap. 115 1972 — Customary international law — Whether rule of customary international law prohibiting refoulement of refugees — Whether rule acquiring peremptory norm status — Whether rule incorporated into Hong Kong domestic law — Judicial review — Whether decision to refoule subject to judicial review — Whether high standard of fairness applicable

Sources of international law — Customary international law — Jus cogens — Whether rule of customary international law prohibiting refoulement of refugees — Whether rule acquiring peremptory norm status — The law of the Hong Kong Special Administrative Region of the People’s Republic of China