AA -v- Secretary of State for Defence (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2435/2023

In the High Court of Justice
King’s Bench Division
Administrative Court

5 July 2023

Before:

Clive Sheldon KC, sitting as a deputy judge of the High Court

Between:

The King on the application of
AA

-v-

Secretary of State for Defence

Secretary of State for the Home Department

and

B1

B2 (interested parties)

Order

On an application by the Claimant for anonymity and expedition of consideration of permission
Following consideration of the documents lodged by the Claimant
ORDER by Clive Sheldon KC, sitting as a deputy judge of the High Court

  1. The Claimant shall be anonymised in these proceedings, and referred to as ‘AA’;
  2. The Interested Parties shall be anonymised in these proceedings, and referred as to ‘B1’-‘B2’;
  3. Upon the Defendants’ filing of the Acknowledgement of Service within 21 days of the claim form being served, the claim shall be put before a Judge within 7 days thereafter, to determine the question of permission on the papers.
  4. Liberty to apply.
  5. Costs reserved.

Reasons

  1. The Claimant is an Afghan national who was evacuated along with his wife and two children during Operation Pitting. The Interested Parties in this matter are his widowed mother and unmarried, 24-year old, sister who he claims are entirely financially dependent upon him, vulnerable, and have been targeted as a result of their connection to the Claimant. The Claimant seeks to challenge a decision refusing his application for the Interested Parties to be granted Leave Outside the Rules to join him in the UK, made on 31 March 2022. The Claimant is not a legal professional and only sought legal advice recently.
  2. The Claimant seeks anonymity for himself and for the Interested Parties. I consider that it is appropriate to grant anonymity in the circumstances of this case. There will inevitably be a degree of risk to the safety of the Interested Parties if they are identified in this claim. There is already an allegation that they have been put at risk merely because of their connection with the Claimant. I consider that Anonymity orders are necessary to secure the proper administration of justice and to protect the interests of the Claimant and the Interested Parties.
  3. I also consider that a degree of expedition is required with respect to this matter. There is already an allegation that the Interested Parties have been put at risk due to their connection with the Claimant. The proposed timetable is a reasonable one, as it will enable the Defendants to have proper time to respond to the claim and ought not to impose an intolerable burden on the Court in considering the application for permission on the papers.