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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003845

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

In the matter of an application for judicial review

22 November 2024

Before:

The Honourable Mr Justice Lavender

Between:

The King
on the application of
AML
(Claimant)

-v-

Secretary of State for the Home Department
(Defendant)

(1) Migrant Help
(2) Clearspring Ready Homes Limited
(3) Finefare Limited
(Interested Parties)


Order

On an application by the Claimant for interim relief and for anonymity

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Lavender
(corrected on 25 November 2024)

Interim Relief

  1. The defendant must pay at least £49.18 to the claimant:

    (1) by Tuesday 26 November 2024; and
    (2) by Tuesday of each week thereafter until further order or, if sooner, until the determination of the claimant’s application for permission to apply for judicial review and, if permission is granted, until determination of the claimant’s application for judicial review.
  2. The defendant must by Friday 29 December 1 December 2024 file and serve a submission indicating:

    (1) whether the defendant objects to the continuation of paragraph 1 of this order and, if so, why; and
    (2) whether the defendant has made a decision on the claimant’s application for subsistence and accommodation support and, if not, why not and when she will make such a decision
  3. The papers will be placed before a judge as soon as possible after Friday 29 November 1 December 2024 to consider what, if any, further order may be appropriate on the claimant’s application for interim relief.

    Anonymity
  4. Pursuant to CPR Rule 39.2(4) no-one may publish in any newspaper, broadcast, social media or other media any name, address, image or other information tending to identify the claimant as party to these proceedings.
  5. In any publication, broadcast, social media or other media relating to these proceedings, the claimant shall be known by the letters AML.
  6. Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a statement of case, judgment, order or other document from the court records if the document has been anonymised such that: (a) The claimant is referred to as AML. (b) The address of the claimant has been deleted.
  7. Insofar as any statement of case, judgment, order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 6 above, the claimant has permission to file with the court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.
  8. Any interested party, whether or not a party to the proceedings, may apply to the court for an order setting aside, varying or discharging paragraphs 4 to 7 of this Order, provided that any such application is made on 7 working days’ notice to the Claimant.

Reasons

  1. There appears to be a case for interim relief, but it is also appropriate to give the defendant the opportunity to be heard.
  2. Anonymity is necessary because the claimant claims to be a refugee.

Signed: Nicholas Lavender
Dated: November December 2024