Tabayoyong Majilla Sarceda and Another v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL 1791/2020[2026] HKCFI 5732
Court
Court of First Instance
Date14 Oct 2026
JudgeDeputy High Court Judge K.W. Lung
Case Document
100%

HCAL 1791/2020

[2026] HKCFI 5732

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1791 of 2020

BETWEEN

  Tabayoyong Majilla Sarceda 1st Applicant
  Fontanilla John Melvin Tabayoyong 2nd 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 documents only;          or
   consideration of documents and Applicant being absent in open court;

Order by Deputy High Court Judge K.W. Lung:

Leave for the Applicants to apply for Judicial Review be dismissed.

Observations for the Applicant:

1.The 1st named applicant is the mother (“the mother”) of the 2nd named applicant, her son.

2.On behalf of herself and her son, the mother applies for withdrawal of the application for judicial review of the Board’s Decision. As such, the applicants’ application is devoid of merit.

3.There being no evidence that the application is made other than out of the applicants’ free will; and there being no outstanding matter in this action, the Court accedes to the applicants’ request and dismisses the application accordingly[1].

Dated the 14th day of October 2026

  (Allen LEE)
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 14/10/2026

Tabayoyong Majilla Sarceda and
Fontanilla John Melvin Tabayoyong

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 14/10/2026

Torture Claims Appeal Board/
Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 10749/18/3/201/F638,
USM 10750/18/3/202/F639

Director of Immigration
Putative Interested Party’s ref. no.:
RBCL/1384/16 (CZ), RBCL/1388/17

Department of Justice,
Senior Assistant Law Officer
(Civil Law)
(Civil Litigation Unit 2)



Form CALL-1



[1]  Re Manik Md Mahamudun Nabi [2022] HKCA 471 at §19:

“(1)  The applicant on his own motion applied to the Court to withdraw his application for leave to apply for judicial review. The Judge acceded to his application, whereupon there was nothing outstanding in the action. The Judge was correct to conclude the action by ordering a dismissal of the application instead of leaving the action at large.”

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