HOSSAIN MD ANWAR v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE

HCAL 462/2021

[2026] HKCFI 4066

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST NO 462 OF 2021

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REASONS FOR DECISION

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1.  This is an application by summons dated 20 February 2026 (the “Time Summons”) for extension of time to appeal against my decision dated 2 February 2026^[1] where I dismissed the Applicant’s application for leave to apply for judicial review in respect of the Applicant’s non-refoulement claim.

2.  On 14 May 2026, the Applicant filed an affirmation seeking to withdraw the Time Summons because he wished to go back to his home country of Bangladesh.  However, by letter dated 23 June 2026 to the court, he claimed that his family was unable to resolve the problem in his home country so he could not return.

3.  At the hearing of the Time Summons held today, the Applicant reversed his position again and told me that all his problems have been resolved. He wishes to return to Bangladesh as soon as possible. He told me that his father had passed away and his mother had a stroke. As he is the only child, he would need to return to his home country.

4.  He confirmed that the withdrawal of the Time Summons was made out of his own free will; that he understood that if the withdrawal is allowed the Board’s Decision will be final and binding; and that he may be removed to his home country.

5.  In the circumstances, I make an order to dismiss the Time Summons with no order as to costs.