ABIB -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000636
In the High Court of Justice
King’s Bench Division
Administrative Court
27 February 2024
Before:
The Honourable Mr Justice Mould
Between:
The King on the application of
ABIB
-v-
Secretary of State for the Home Department
Order
On an application by the Claimant for urgent consideration and for case management directions for the hearing of his application for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Mould
1. The Defendant shall file and serve a response to the Claimant’s application for interim relief by 12.00pm on Wednesday 6th March 2024.
2. The application for interim relief is to be listed for a hearing as soon as possible after Thursday 7th March 2024 as the court can arrange, with a time estimate of 1.5 hours. The application is suitable for hearing before a Deputy High Court Judge.
3. Pursuant to CPR 39.2(4), anonymity is granted to the Claimant in the terms of the schedule attached to this order.
4. Liberty to both parties to apply to set aside or to vary the terms of this order.
5. Costs reserved.
Reasons
1. The Claimant is a 35 year old Iranian national who has been detained under immigration powers since 26th October 2023. He entered the UK in 2005 and claimed asylum. His asylum claim was refused and he exhausted his rights of appeal in August 2005. Thereafter he was granted leave to remain on successive occasions until December 2014, when his leave to remain became indefinite.
2. On 16th July 2021 he was convicted of a serious sexual offence involving a minor and sentenced to 12 months’ imprisonment. He was given notice of intention to deport him following release from prison.
3. In September 2021 he made a further asylum claim which was refused on 17th January 2022. In December 2021 he was released on conditional bail.
4. On 26th October 2023 he received a suspended prison sentence for breach of his sex offender reporting requirements. He was detained under immigration powers.
5. On 5th January 2024 release in principle was authorised by the Home Office. On 15th January 2024 the FTT granted the Claimant immigration bail subject to residence and EM conditions.
6. On 8th January 2024 the Defendant responded to a Rule 35 report provided by a GP at Yarl’s Wood IRC on 3rd December 2023. The Defendant accepted that the Claimant’s account of his experiences as a teenager in Iran met the definition of torture and that he was an Adult at Risk at Level 2.
7. The Claimant’s Solicitors have written pre-action letters to the Defendant on 16th January 2024, 17th January 2024, 29th January 2024 and 13th February 2024 seeking his release from detention into suitable accommodation. On 29th January 2024, the Defendant responded that appropriate accommodation would be provided in due course.
8. There is no prospect of removal in the foreseeable future.
9. In these circumstances, the Claimant’s application is suitable for urgent consideration at an oral hearing.
10. I am satisfied that an order for anonymity is justified in the terms set out in the schedule.