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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-004197

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

In the matter of an application for judicial review

23 December 2024

Before:

the Hon. Mrs Justice Stacey

Between:

The King
on the application of
AMT

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent consideration, interim relief and directions

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mrs Justice Stacey:

Anonymity:

(a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as “AMT”.

(b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.

(c) Pursuant to CPR 5.4C(4):

(i) the parties must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;

(ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Abridgement of time and expedition:

(a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 6 January 2025.

(b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 8 January 2025.

(c) The papers are to be referred to a judge or deputy judge for a decision whether to grant the application for interim relief and permission to apply for judicial review as soon as possible thereafter.

REASONS

Anonymity: The claimant seeks to bring a fresh claim for asylum and international protection and there is evidence of some mental health issues sufficient to conclude that there are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1 on an interim basis pending more detailed consideration given the request to determine the application within 5 hours.

Mandatory injunction: On the paperwork before me, there is insufficient evidence to grant the mandatory injunction sought on such an urgent basis as to allow no time for the defendant to respond to the application. The claimant appears to have been intermittently street homeless since 2018, there is no more recent evidence of his mental health issues since January 2024.

A short abridgement of time is justified, however, as set out above.

Signed: Mary Stacey Dated: 23/12/24