AM -v- Secretary of State for the Home Department (anonymity order)
Claim number: AC-2024-LON-001725
In the High Court of Justice
Administrative Court
22 May 2024
Before:
The Honourable Mrs Justice Dias
Between:
The King on the application of
AM
-v-
Secretary of State for the Home Department
Order
UPON Considering the application for judicial review, Statement of Facts and Grounds and N463 filed by the Claimant
IT IS ORDERED AND DIRECTED THAT:
1. The Claimant is to be anonymised as ‘AM’ for the duration of these proceedings or until further order of the Court.
2. The Defendant is to respond to the Claimant’s application for interim relief setting out his position within 7 days of this Order.
3. A hearing is to be listed to determine the question of interim relief with a time estimate of two hours. The hearing is to be listed as soon as possible after the Defendant’s response under paragraph 2 above and in any event within 10 days of this Order.
4. To the extent that the Defendant seeks to explain any delay in releasing the Claimant by reference to acts or omissions on the part of the Secretary of State for Justice, the Defendant should apply to add the Secretary of State for Justice as an additional Defendant prior to any hearing listed in accordance with paragraph 3 above.
5. Liberty to apply to vary this order to either party on 24 hours written notice to the other side.
6. Costs reserved.
Reasons
(1) There is a realistic prospect of showing that the Claimant is and has for some months been detained in breach of the Hardial Singh principles and therefore unlawfully.
(2) The material before the court suggests that the Defendant has recognized since the Claimant’s custodial sentence came to an end that the only reason preventing his release on bail was the lack of a release address.
(3) The Defendant’s own Case Progression Panel recommended on 11 April 2024 that the Claimant be released as there was no prospect of imminent removal.
(4) The Defendant has failed to comply with directions set by the First Tier Tribunal made on 2 February 2024 and repeated on 19 February 2024 requiring the Defendant to facilitate the provision of accommodation to the Claimant and further directions made on 13 May 2024.
(5) The Defendant has failed to provide any substantive response to the Claimant’s Pre-Action Protocol letter sent on 17 April 2024.
(6) It is not presently apparent that the delay in releasing the Claimant is attributable to any action or inaction on the part of the Secretary of State for Justice, but to the extent that this is or may be a factor, it would plainly be appropriate for the Defendant to apply to join him to the proceedings prior to the hearing of the Claimant’s application for interim relief.
(7) The Claimant has indicated in paragraph 11 of his Detailed Statement of Facts and Grounds certain disclosure which he considers would be of assistance to the court at the hearing for interim relief. This is documentation which appears to be disclosable in any event and should be made available as soon as reasonably possible.