Case No: CO/4703/2022
In the High Court of Justice
King’s Bench Division
15 December 2022
The Honourable Mr Justice Kerr
The King on the application of AJ
Secretary of State for the Home Department
On an application by the claimant for urgent consideration and interim relief
Following consideration of the core bundle of documents lodged by the claimant
- The interim relief application is listed for hearing in open court on Wednesday 21 December 2022 with a time estimate of up to one hour.
- By 4pm on Tuesday 20 December 2022, the defendant shall write to the court stating her position, including in particular in relation to:
(1) medical treatment of the claimant in detention;
(2) deportation of the claimant to Portugal;
(3) release from detention; and
(4) what further directions are sought.
- The application for anonymity is granted up to the start the hearing on 20 December 2022, for further consideration on that occasion by the judge.
- This order having been made without notice, the defendant may apply to set it aside on notice to the claimant’s solicitors.
- Costs reserved.
Reasons and Observations
(1) The period of detention is relatively short (for Hardial Singh analysis purposes). Further, the claimant is Portuguese and willing to return to Portugal. Delays in his return there appear to be bureaucratic and should not continue long.
(2) The assertions of missed anti-retroviral medication are a cause for concern. It is for that reason that I grant the application for urgent consideration and list the matter for a swift oral hearing.
(3) The application for anonymity is not necessarily compelling, having regard to the often overlooked high threshold set by CPR rule 39.4. The claimant was diagnosed with HIV as long ago as 2011 (core bundle p.30, SFG para 8).