ACY -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-003364
In the High Court of Justice
King’s Bench Division
Administrative Court
15 October 2024
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
ACY
-v-
Secretary of State for the Home Department
(Port Ref: MST/8089007)
Order
On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
a. The name of the Claimant is to be withheld from the public and must not be disclosed in any proceedings in public.
b. The Claimant is to be referred to orally and in writing as “ACY”.
2. Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.
3. Pursuant to CPR 54C(4):
a. Within 7 days of the date of service of this order, the parties must file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;
b. If any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
c. Unless the Court grants permission under CPR 4.4C(6), no nonparty may obtain a copy of any unredacted statement of case.
4. The Defendant’s Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, must be filed and served by 4 pm on 18 October 2024.
5. Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 21 October 2024.
6. The application for interim relief is to be considered by a Judge on the papers no later than 24 October 2024.
7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
8. Costs reserved.
Reasons
1. I have granted an anonymity order. The Claimant is an asylum seeker who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.
2. The Claimant is a destitute asylum seeker from Iran. He suffers from symptoms of psychotic illness, has auditory hallucinations, and has a history of self-harm and suicide attempts. He has been living with his sister (a refugee) in Brighton but that arrangement has broken down because her husband is unwilling to continue to assist the Claimant. However, as his GP has advised, the Claimant is very vulnerable and needs to live near his sister so that she can support him. Without that support, his mental health will deteriorate and he might be at risk.
3. On 30 August 2024, the Defendant accepted that the Claimant was eligible for support under section 95 Immigration and Asylum Act 1999. The Defendant also accepted that he should be provided with accommodation within an hour’s travelling distance from his sister’s address. However, Migrant Help has only offered him accommodation much further away, in London or Clacton. It has confirmed to the Claimant’s solicitors that there is no timescale within which the Claimant would be offered dispersal accommodation and it could take a long time.
4. The Claimant has been asked to leave his sister’s house. A local charity has offered him accommodation only until 17 October 2024.
5. The Claimant seeks an order mandating the Defendant to provide him with self-contained accommodation in Brighton by 17 October 2024. Alternatively, to list a hearing on 17 October 2024. In my view, the Claimant’s request is wholly unrealistic as the claim has only just been issued and the Defendant was not served with the application before today. The Court requires a reasoned response to the claim from the Defendant before it can properly make a decision in this difficult case. I have made directions for an expedited consideration of the application by 24 October 2024. I do not consider it can be fairly dealt with any sooner. If the Claimant is unable to secure accommodation with his family or the local charity for this short period, then Migrant Help will have to make provision for him.