RE CHANCHAL

HCAL 395/2021

[2022] HKCFI 949

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO 395 OF 2021

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REASONS FOR DECISION

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Introduction

1.  This is the Applicant’s application by way of affirmation filed on 30 December 2021 to withdraw his application for leave to apply for judicial review of the Decision of the Torture Claims Appeal Board/Adjudicator of the Non-Refoulement Claims Petition Office (the “Board”) dated 15 January 2021 (the “Decision”).

2.  To ensure that his decision to withdraw was made voluntarily and not as a result of threat, duress or other improper reasons and to ensure that he will be safe if returned to his home country, the Court held an oral hearing on 9 February 2022. At the hearing, the Applicant confirmed under affirmation that his fears and risks of harm in his home country are now resolved and it is now safe for him to return. He was informed by his parents over the telephone that they had received a letter from the court that the murder charge against him had been dropped as the police had eventually arrested the true murder. He now wants to return to his home country to attend to his mother who is suffering from a medical condition in her brain. He confirmed that he verily believes what he was told by his parents were true. He believes it would now be safe for him to return to his home country. He confirmed that his decision to withdraw his application for leave to apply for judicial review was freely made and not under duress or threat from any person. He confirmed that he understands that by withdrawing his application for leave to apply for judicial review, the Decision will become final, he will not be entitled to non-refoulement protection under any of the four applicable grounds under the Unified Screening Mechanism; and he has to return to his home country.

3.  The Court was satisfied that the application to withdraw was freely made and it is safe for the Applicant to return to his home country. Accordingly, the Applicant’s application to withdraw his application for leave to apply for judicial review of the Board’s decision was allowed.