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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-003554

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

30 October 2024

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
AGL

-v-

Secretary of State for the Home Department
(HO Ref: B1926267)

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 “AGL”.

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 no more than 14 days after the date of service of the claim form and supporting documents.

5. The Defendant must file and serve an indexed and paginated bundle of all relevant documents in its possession or control relating to the Claimant which are not already included in the Claimant’s bundle, no more than 14 days after the date of service of the claim form and supporting documents.

6. Any Reply from the Claimant must be filed and served no more than 7 days after service of documents by the Defendant pursuant to paragraphs 4 and 5 above.

7. The papers are to be referred to a Judge for a decision whether to grant permission to apply for judicial review and interim relief, after the time for filing a Reply has expired, and in any event, no more than 14 days after the filing of the Acknowledgment of Service.

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

9. 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 national of Pakistan with a lengthy immigration history who challenges his detention. He suffers from mental illness and it is said that detention is harmful to him. He is subject to deportation proceedings but his asylum claim was reinstated on 23 September 2024 and on 24 October 2024 the First-tier Tribunal granted conditional bail, subject to the provision of accommodation.
  3. The Court cannot determine the application for interim relief without first considering a response from the Defendant and disclosure. I consider the Defendant will need at least 14 days to comply with paragraphs 4 and 5 of the order. A Reply is likely to be required and a Judge will consider the application on the papers thereafter.