AH -v- London Borough of Hillingdon (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/25272023

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

17 July 2023

Before:

His Honour Judge Auerbach (sitting as a Judge of the High Court).

Between:

The King on the application of
AH

-v-

London Borough of Hillingdon

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant
ORDER by His Honour Judge Auerbach (sitting as a Judge of the High Court).

  1. The Claimant’s application for permission to apply for judicial review is granted in respect of grounds 1 and 2, and stayed in respect of ground 3, subject to further order.
  2. Pursuant to CPR 39.2 in any report of these proceedings there shall be no publication of the name or address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings he shall be anonymised and referred to as AH. No non-party shall be provided with a document from the Court file which has not been redacted to protect the Claimant’s identity.
  3. The claimant is permitted to conduct this claim without a litigation friend.
  4. The matter is to be transferred to the Upper Tribunal (Immigration and Asylum Chamber). All further directions for the conduct of the matter going forward (including in relation to any further pleadings) will be for determination by the Upper Tribunal.
  5. Costs in the case.

Observations and Reasons

1 The Claimant has been treated by the Defendant as an adult on the basis that, going by the date of birth in his Ghanaian passport, he is 18.
2 The Claimant says that his true date of birth is in 2008 and has produced a registration document which, he says, support that, and he says that the explanation for the false date in his passport is as set out in his Statement of Facts and Grounds. Having regard to all of that, and on the premise that the Defendant has nevertheless acted
upon the passport, grounds 1 and 2 are arguable. Ground 3 is parasitic upon grounds 1 and 2, and I have stayed it subject to further order.
3 The Upper Tribunal is better equipped to determine the factual issue and I have directed a transfer of this matter to it accordingly.
4 As the Claimant claims to be under 18, I have made an anonymity order.
5 I have also granted the application to dispense with a litigation friend, as on the claimant’s case he is aged 15, he is professionally represented and no other issues of capacity appears to arise.
6 All further directions, including consideration of the applications for interim relief and expedition, will be a matter for the Upper Tribunal.