AFV -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2025-LON-000183
In the High Court of Justice
King’s Bench Division
Administrative Court
20 January 2025
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
AFV
-v-
Secretary of State for the Home Department
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 “AFV”.
2. Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the 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 5.4C:
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 5.4C(6), no non-party 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 no more than 7 days after the date of service of the claim form and supporting documents.
5. The Claimant shall file a Reply no more than 5 days after the Defendant serves the documents in paragraph 4 above, or notify the Court if he does not intend to file a Reply.
6. The papers are to be referred to a Judge for a decision whether to grant interim relief no more than 7 days after the Claimant has either filed a Reply, or notified the Court that he does not intend to do so.
7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
8. Costs reserved.
Reasons
- 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.
- The Claimant challenges his ongoing detention and the Defendant’s failure to provide him with accommodation and support.
- He has been detained since 12 August 2024 and was granted bail by the First-tier Tribunal on 9 December 2024, conditional upon an address being provided by the Defendant.
- The Claimant was identified as an Adult at Risk Level 3 in November 2024 because detention was having a severe effect on his well-being.
- The Claimant seeks an order for release to an address provided by the Defendant within 7 days. In the interests of fairness, such an order cannot be made without first giving the Defendant a reasonable opportunity to respond. In view of the urgency, I have expedited the claim and abridged time for the Defendant’s response.