Md Billal Hossain v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 2745/2019[2025] HKCFI 4590

Court

High Court CFI

Date02 Oct 2025

Judge—

Case Document

100%

HCAL 2745/2019

[2025] HKCFI 4590

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 2745 of 2019

BETWEEN
	Md Billal Hossain	Applicant
	and
	Torture Claims Appeal Board/ Non-refoulement Claims Petition Office	Putative Respondent
	and
	Director of Immigration	Putative Interested Party

Application for Leave to Apply for Judicial Review
NOTIFICATION of the Judge’s decision (Ord. 53 r. 3)

Following;

	consideration of documents only; or
	consideration of documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge To dated 25 September 2025:

1. Application to withdraw the application for leave to apply for Judicial Review (“Form 86”) be granted; and

2. Application for leave to apply for Judicial Review be withdrawn.

Observations for the Applicant:

Introduction

1.This is the Applicant’s application by Form 86 filed on 19 September 2019 for leave to apply for judicial review (the “leave application”) of the decision of the Torture Claims Appeal Board / Non-Refoulement Claims Petition Office (the “Board”) and the Director of Immigration (the “Director”) dismissing his appeal against the decision of the Director refusing his application for non-refoulement protection (the “Decision”).

2.An oral hearing on 25 September 2025 was scheduled for hearing his application. On 11 September 2025, the Applicant filed an affirmation seeking to withdraw his leave application asserting that he wants to return to his home country as soon as possible.

3.At the oral hearing, after the legal principles applicable to judicial review was explained to the Applicant, he confirmed he had no complaint about errors of law, procedural unfairness or irrationality in the Decision. He said that he wished to withdraw his leave application because his problems in his home country were solved and it is now safe for him to return. He confirmed that he made the application to withdraw out of his own free will and understood that if his application to withdraw is allowed, the Decision of the Board remains in force. This Court is therefore satisfied that his decision to withdraw his leave application is an informed and conscious decision freely made. Accordingly, his withdrawal application is allowed and his application for leave to apply for judicial review is withdrawn.

Dated the 2^nd day of October 2025

( Seline Sze )
for Registrar, High Court

Where leave to apply has been granted, Applicants and their legal advisers are reminded of their obligation to reconsider the merits of their application in the light of the Respondent’s evidence

Notes for the Applicant: If leave has been granted, the Applicant or the Applicant’s solicitors must:
a) serve on the respondent and such interested parties as may be directed by the Court the order granting leave and any directions given within 14 days after the leave was granted (Order 53, rule 4A); b) issue the originating summons within 14 days after the grant of leave and serve it in accordance with Order 53, rule 5; and c) supply to every other party copies of every affidavit which the Applicant proposes to use at the hearing, including the affidavit in support of the application for leave (Order 53, rule 6(5)).		Sent to the Applicant on 02/10/2025 Md Billal Hossain Applicant’s ref. no: Nil		Sent to the Putative Respondent / the Putative Respondent’s solicitors / such Putative Interested Parties as may be directed by the Court / the Putative Interested Parties’ solicitors on 02/10/2025 Torture Claims Appeal Board/Non-refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 14634/18/11/477/B1734 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 4116/18 (Formerly RBCZ/2002436/14) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1