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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-001587

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

14 May 2024

Before:

The Honourable Mr Justice Sheldon

Between:

The King on the application of
ABW

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for expedition of the steps to be taken by the Defendant in responding to his application for judicial review/interim relief

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Sheldon

1. The Claimant be identified as ABW for the purposes of this Order, and shall be referred to as such in the documents to be filed by the Defendant (see paragraph 2 below) and on the Administrative Court’s files, until the Court has considered the application for interim relief, or until further Order.

2. The Defendant do file and serve an Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, no later than 7 days after service of the issued claim and supporting documents.

3. The application for interim relief and any other directions is to be considered by a Judge on the papers no later than 10 days after the filing of the Defendant’s Acknowledgment of Service and Summary Grounds of Resistance.

4. Liberty to apply to vary or discharge this order on 2 days’ notice to the other party.

5. Costs reserved.

Reasons

1. The Claimant, ABW, has made an urgent application for expedited directions in his claim for judicial review/application for interim relief. I consider that expedition is justified in this case. The Secretary of State has made a Public Order Disqualification decision under section 63 of the Nationality and Borders Act 2022. The lawfulness of this decision is challenged by the Claimant.

2. The effect of the decision is to withdraw support to the Claimant as a potential victim of trafficking (a positive decision having been made that there are reasonable grounds that the Claimant is a victim of trafficking). There is evidence to suggest that the Claimant is vulnerable, and that this support is of real importance to him. It is important, therefore, that this claim is progressed at pace and that there be expedited consideration of the Claimant’s application for interim relief.

3. The Claimant’s legal team has not delayed in making this application. The Secretary of State will not be taken by surprise that these proceedings have been issued, given that a detailed letter of claim has been sent to the Secretary of State and other correspondence has been sent informing the Secretary of State of the urgency of this matter.

4. If the time ordered for compliance is too short for the Secretary of State then he has liberty to apply.

5. I make a temporary order with respect to anonymity, given the evidence of vulnerability of the Claimant. The Secretary of State should express his views on the Claimant’s anonymity application when filing his Acknowledgement of Service and Summary Grounds of Resistance, so that the judge considering the application for interim relief can also determine the question of anonymity on a permanent basis.