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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/446/2023

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

8 February 2023

Before:

The Honourable Mr Justice Bourne

Between:

The King on the application of
AH

-v-

Secretary of State for the Home Department

On an application by the Claimant for interim relief and for anonymity
Following consideration of the documents lodged by the Claimant and the Defendant

Order by the Honourable Mr Justice Bourne

  1. The Defendant is to file and serve a reply to this application for interim relief by 4pm on 15.2.23.
  2. The Claimant is file and serve brief written submissions in response by 4pm on 20.2.23.
  3. The application will be put before a Judge as soon as possible thereafter.
  4. The claimant shall be anonymised and the claim shall be referred to only as HA v Secretary of State for the Home Department.
  5. There is liberty to apply to vary or set aside this order on 2 days’ notice.
  6. Costs reserved.

Reasons

  1. On the face of it, the Claimant remains in detention because he did not agree to be released with an electronic tag to the address proposed by the Defendant.
  2. The Claimant proposes a release to accommodation under section 98 of the Immigration Act 1999 until his application for accommodation and subsistence under section 95 of that Act is finally determined but the Court does not have a response to that proposal.
  3. The question of interim relief is pressing but further clarity is needed to identify the real obstacle(s) to release.
  4. On the face of it there are grounds for anonymity pending the Claimant’s asylum claim but that is subject to liberty to apply.