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

HCAL 1980/2020

[2025] HKCFI 5934

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST

NO. 1980 OF 2020

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D E C I S I O N

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The application

1.  The applicant is an illegal immigrant by staying in Hong Kong without permission and he lodged a non-refoulement claim with the Director of Immigration (“the Director”). The Director rejected his application and he appealed to the Torture Claims Appeal Board (“the Board”). Having considered his evidence, the Board, by its Decision (“the Board’s Decision”), rejected his appeal and affirmed the Director’s Decision.

2.  Pursuant to Order 53, rule 3(2) of the Rules of the High Court (“RHC”), the applicant filed Form No. 86 to apply for leave to apply for judicial review of the Board’s Decision.

3.  Before this Court considered his application, he applied to the Court for withdrawal of his application.

4.  This Court acceded to his request and dismissed his application because there was nothing outstanding in the action.

5.  In his affirmation in support of this application, the applicant did not deny that he had made his withdrawal application. He only said that his family members informed him that it is dangerous for him to return to Bangladesh and he had no means for legal representation.

6.  His subsequent change of mind will not vitiate his application for withdrawal. Since the Court’s decision was made in accordance with the applicant’s request, there is simply no reason for the applicant to appeal against the Court’s decision.

7.  In the circumstances, I refuse to extend time for his appeal. Accordingly, I dismiss his application.