AA -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case No: CO/4756/2022

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

19 December 2022

Before:

The Honourable Mr Justice Bourne

Between:

The King on the application of
AA

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Bourne

  1. The anonymity of the Claimant, his wife and their children (“the family”) shall be protected. The cipher “AA” will be adopted for the Claimant. The matter shall be known as R (AA) v Secretary of State for the Home Department. There may be no publication of the name of the Claimant of any of the family nor of any information that may lead to the identification of the Claimant of any of the family.
  2. The application for interim relief will be dealt with at a hearing on 13 January 2023 with a time estimate of 1 ½ hours.
  3. The Defendant must file and serve a response to the application for interim relief by 4 pm on 6 January 2023.
  4. There is liberty to apply to vary or discharge this order on 3 working days’ written notice.
  5. Costs reserved.

Reasons

  1. On the one hand it sounds as if this applicant’s accommodation is very unsuitable. On the other, the Defendant has suggested that the only alternative is hotel accommodation which he has refused. If agreement cannot be reached, this issue needs to be properly explored at a hearing.
  2. Although the matter is very pressing, the degree of urgency is not such as to necessitate a hearing in the final days before Christmas (and it seems highly unlikely that any remedy could be implemented at that time even if the hearing took place and the application succeeded).
  3. I have therefore listed it on a date on which it can be assured of sufficient Court time. One advantage of this delay will be to give the Defendant more time to consider what solution can be found. Another may be to give an opportunity for an agreed solution to be found. It is to be hoped that the Defendant will be able to assist the Court at the hearing if the matter remains in dispute.