Case Detail

HCAL 1260/2022

[2026] HKCFI 1846

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1260 of 2022

BETWEEN
	Carabbacan Jerame Lumaday	Applicant
	and
	Torture Claims Appeal Board /	Putative
	Non-Refoulement Claims Petition Office	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 the documents only; or
consideration of the documents and oral submissions by the Applicant in open court;

Order by Deputy High Court Judge (Non-Refoulement Claims)Jeffrey Chau made on 2 March 2026:

1. Leave to withdraw the application for leave to apply for judicial review be granted; and
2. The application for leave to apply for judicial review be dismissed.

Observations for the Applicant:

1. By a Form 86 filed on 15 November 2022 (“Form 86”), the Applicant sought leave for judicial review of the decision of the Torture Claims Appeal Board/Non-Refoulement Claims Petition Office (“TCAB”) made on 3 November 2022 (“the TCAB Decision”), which was made pursuant to a petition/appeal from a decision of the Director of Immigration dated 26 November 2021.

2. In the oral hearing of this leave application on 2 March 2026, the Applicant informed the Court that she wanted to go back to Philippines and withdraw this leave application. After confirming with the Applicant that she made this decision on her own volition and free will, I acceded to the application for withdrawal without adjudicating on its merits. As there was nothing outstanding, and the action should not be left at large, I further ordered that the leave application be dismissed: see Re Manik MD Mahamudun Nabi[2022] HKCA 471 at paragraph 19.

Dated the 26^th day of March 2026

(Annson Cheung)
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 26 March 2026 Carabbacan Jerame Lumaday 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 26 March 2026 Torture Claims Appeal Board/ Non-Refoulement Claims Petition Office Putative Respondent’s ref. no.: USM 19388 Director of Immigration Putative Interested Party’s ref. no.: QA T/C 1621/21 (Formerly RBCZ 204/21) Department of Justice, Senior Assistant Law Officer (Civil Law) (Civil Litigation Unit 2)

Form CALL-1

CARABBACAN JERAME LUMADAY v. TORTURE CLAIMS APPEAL BOARD / NON-REFOULEMENT CLAIMS PETITION OFFICE [Decision on Leave Application]

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