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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-002952

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

28 November 2023

Before:

Mr Benjamin Douglas-Jones KC, sitting as a Deputy Judge of the High Court

Between:

The King on the application of
AM

-v-

Secretary of State for the Home Department

Order

Following consideration of the documents lodged by the Claimant and the Acknowledgement of Service filed by the Defendant
ORDER by Mr Benjamin Douglas-Jones KC, sitting as a Deputy Judge of the High Court

  1. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the names or address of the Claimant or her child or any details leading to her identification. If referred to, the Claimant shall only be referred to as “AM” and her child only as “GM”.
  2. Pursuant to CPR rule 5.4C(4)(c) a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only by the letters “AM” and her child only by the letters “GM”; and (b) any reference to her name has been deleted from those documents.
  3. The application for permission to apply for judicial review is granted.
  4. The case shall be listed for the hearing of the Claimant’s interim relief applications before a Judge or Deputy Judge of the High Court in the week beginning 19 December 2023 with a time estimate of 1.5 hours.
  5. The parties are to provide a written estimate within 7 days of service of this Order if they disagree with the estimate at 4 above.
  6. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing.
  7. The Defendant must file and serve a Skeleton Argument not less than 3 days before the date of the hearing.
  8. Costs of the applications are reserved.

Observations

Anonymity

1. Given the status of the Claimant as an asylum seeker, and the contents of the Statement of Facts and Grounds and where there is no public interest in identification, it is appropriate to make an anonymity order.

Permission

  1. The Claim is arguable and the Claimant should have permission to advance it on the grounds set out in her Claim.
  2. If the Claim has not been rendered academic by or before the date of the interim relief hearing, directions may be given at that hearing for the hearing of the substantive claim.

Interim relief

4. The Court will rarely grant any form of interim relief without establishing what the other parties to the Claim say in respect of the application. It is important that there be an early hearing concerning the interim relief application in this case. The issues are not so urgent that they need to be dealt with on the papers without the opportunity of both parties being heard.