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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2440/2023

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

3 July 2023

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: K1710448)

and

HM Prison and Probation Service (Interested party)

Order

On the Claimant’s application for urgent consideration, interim relief and directions;
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 service 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 application for interim relief is to be determined at a hearing, on a date to be listed, having regard to the availability of counsel. The hearing is to be expedited and listed as soon as reasonably possible after 24 July 2023, with a time estimate of 2 hours.
  5. The Defendant shall file and serve an Acknowledgment of Service, Summary Grounds of Defence, a response to the application for interim relief, and any relevant documents which are not already included in the Claimant’s permission bundle, no more than 14 days after service of the claim form.
  6. The Claimant may file and serve a Reply, and any further evidence, no more than 7 days after service of the documents referred to in paragraph 4 above.
  7. The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website.
  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 seeks urgent release from immigration detention which he contends is unlawful in the circumstances of his case. His asylum and trafficking claims are pending, as well as investigations into complaints. He has had diagnoses of severe mental illness and he is exhibiting suicidal ideation. He also complains about his treatment whilst in detention.
  3. The First-tier Tribunal is considering the Claimant’s application for bail at a hearing today, 3 July 2023. The Defendant opposes bail. The Claimant should notify the Court of the outcome as soon as it is available. If successful, it is unlikely to result in his immediate release as he is on licence and he has to await allocation of approved accommodation.
  4. The Court cannot fairly and properly determine the application for interim relief in this complex case until the Defendant has had an opportunity to respond. I have abridged the standard time for filing an Acknowledgment of Service to 14 days, which I consider to be the minimum time required for a case such as this one. The Claimant’s
    timetable is, in my view, unrealistic.
  5. I have granted the Claimant an expedited oral hearing of the interim relief hearing as it seems unlikely that this application can be resolved on the papers, if it continues to be contested by the Defendant. The parties are to notify the Court forthwith if that urgent hearing is no longer required.