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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-000380

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

6 February 2024

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
AK

-v-

Secretary of State for the Home Department
(HO Ref: K1725898)

and

Secretary of State for Justice

Order

On the Claimant’s application for anonymity, urgent consideration, directions and interim relief;
Following consideration of the documents lodged by the Claimant;

Order by the Honourable Mrs Justice Lang DBE

  1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “AK”.
  2. Within 7 days of the date of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
  3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
  4. The Defendant must file and serve an Acknowledgment of Service, Summary Grounds of Defence, and a response to the application for interim relief, together with any relevant evidence, no later than 15 February 2024.
  5. The Claimant may file and serve a Reply, no later than 19 February 2024.
  6. The application for interim relief is to be listed for hearing as soon as possible after 21 February 2024. Time estimate: 2 hours.
  7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  8. 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 Libyan national who has been detained since 27 October 2023. He has a poor immigration history, but there is no prospect of removal to Libya. In January 2024, he was granted bail by the First-tier Tribunal subject to a condition that he resides in accommodation approved by the Probation Service. No decision has been taken on his application for accommodation and so he has not been released.
  3. I recognise that the application is urgent, and so I have made directions leading to an expedited hearing for interim relief. In my view, the Claimant’s proposed directions did not allow for adequate case preparation.