Dauz Maria Veronica Fuyoc v. Torture Claims Appeal Board / Non-refoulement Claims Petition Office

Case No.HCAL1272/2026[2026] HKCFI 5703
Court
Court of First Instance
Date15 Oct 2026
Judge未知
Case Document
100%

HCAL 1272/2026

[2026] HKCFI 5703

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

CONSTITUTIONAL AND ADMINISTRATIVE LAW LIST No. 1272 of 2026

BETWEEN

  Dauz Maria Veronica Fuyoc 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 oral submissions by the Applicant in open court;

Order by Deputy High Court Judge To:

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  Application for leave to apply for Judicial Review be withdrawn.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 14 July 2026 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”) dated 4 May 2026 (the “Decision”) dismissing her appeal against the decision of the Director of Immigration refusing her application for non-refoulement protection.

2.On 28 September 2026, the Court received a letter from the Applicant applying to withdraw her leave application (the “withdrawal application”) asserting (i) that “upon deep thinking [she] decided to accept the idea or (sic) relocating … because of my my life is no longer at high risk of danger in my country PHILIPPINES.”

3.Reading the decision of the Board, her letter and all the papers, it appears that she had seriously considered the Decision and accepted internal relocation is a feasible option to avoid her risk of harm, if necessary. There is also nothing in the papers to suggest that her decision to withdraw her leave application was made otherwise than out of her own free will with full understanding of the consequences of the withdrawal and that it is safe for her to return to her home country. This Court is therefore satisfied that her decision to withdraw is an informed and conscious decision freely made. Accordingly, her withdrawal application is allowed and her application for leave to apply for judicial review is withdrawn.     

Dated the 15th day of October 2026

  ( 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 15/10/2026

Dauz Maria Veronica Fuyoc

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 15/10/2026

Torture Claims Appeal Board/Non-refoulement Claims Petition Office
Putative Respondent’s ref. no.:
USM 28250

Director of Immigration
Putative Interested Party’s ref. no.:


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



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