C v Director of Immigration [2013] HKCFA 21; (2013) 16 HKCFAR 280 (FACV 18-20/2011)
What was at stake
Whether the duty to assess risk before removal extends beyond torture to a well-founded fear of persecution, when UNHCR (not the government) conducts refugee status determination in Hong Kong.
What the court decided
The Director of Immigration must independently and fairly determine a claim that removal would expose the person to a risk of persecution before exercising the power to remove or deport, and cannot simply defer to UNHCR. Extended high-fairness non-refoulement review to persecution claims.
Categories
Authoritative link
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