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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-000184

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

20 January 2025

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
ANL

-v-

Secretary of State for the Home Department

Order

On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;

Following consideration of the documents lodged by the Claimant;

Order by the Honourable Mrs Justice Lang DBE

1. Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
a. The name of the Claimant is to be withheld from the public and must not be disclosed in any proceedings in public.
b. The Claimant is to be referred to orally and in writing as “ANL”.

2. Pursuant to section 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.

3. Pursuant to CPR 5.4C:
a. Within 7 days of the date of service of this order, the parties must 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;
b. 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;
c. Unless the Court grants permission under CPR 5.4C(6), no non-party may obtain a copy of any unredacted statement of case.

4. The claim is to be expedited.

5. The Defendant’s response to the application for interim relief must be filed and served by 10 am on 23 January 2025.

6. The papers are to be immediately referred to a Judge for a decision whether to grant interim relief, following the filing of the Defendant’s response.

7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.

8. Costs reserved.

Reasons

  1. I have granted an anonymity order. The Claimant is an asylum seeker who claims to be at risk. He also claims to be a minor, though his aged is disputed. In the circumstances, a departure from the general principle of open justice is justified.
  2. The Claimant challenges the Defendant’s ongoing failure to provide the Claimant with adequate accommodation pursuant to sections 95 and 96 of the Immigration and Asylum Act 1999 and the Human Rights Act 1998.
  3. The Claimant is vulnerable as he has cognitive difficulties, symptoms of epilepsy and a moderate depressive disorder.
  4. Until 6 January 2024 he was accommodated by the Defendant at a London hotel. Following an altercation, the Defendant decided to transfer him to accommodation in Milton Keynes. The Claimant refused to move out of London, where he has a support network, and so he is street homeless. The Defendant has agreed to make accommodation available, but has refused to confirm that it will be in London.
  5. I have expedited the claim in view of the Claimant’s difficult circumstances, but in the interests of fairness, no order should be made until the Defendant has had a reasonable opportunity to respond to the application.