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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003909

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

In the matter of an application for judicial review

28 November 2024

Before:

the Honourable Mr Justice Linden

Between:

The King
on the application of
ANL
(Claimant)

-v-

Secretary of State for the Home Department
(Defendant)

and

(1) Migrant Help
(2) Clear Springs Ready Homes
(3) Finefair Limited
(Interested Parties)

Order

On an application by the Claimant dated 27 November 2024 for interim relief and for anonymity

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Linden

  1. The defendant must pay at least £49.18 to the claimant:
    a. by 4pm on Friday 29 November 2024; and
    b. by Friday 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.
  2. The defendant must, by 4pm on Tuesday 3 December 2024, file and serve a written response to the application for interim relief which indicates whether the defendant objects to the continuation of paragraph 1 of this order and, if so, why.
  3. In the event that there is any objection to the continuation of the payments ordered at paragraph 1, the papers will be placed before a judge as soon as possible after Tuesday 3 December 2024 to consider what, if any, further order may be appropriate on the claimant’s application for interim relief.
  4. Pending consideration of permission or further order:
    a. 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.
    b. In any publication, broadcast, social media or other media relating to these proceedings, the claimant shall be known by the letters ANL.
    c. 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 ANL. (b) The address of the claimant has been deleted.
    d. 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 4(c) 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”.
    e. 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(a)-(d) of this Order, provided that any such application is made on 7 working days’ notice to the Claimant.

Reasons

  1. As I understand it the Defendant has accepted that the Claimant is entitled to asylum support and he would therefore ordinarily be entitled to a weekly payment of £49.18. The problem is simply a delay in processing his payments. In all the circumstances, including the current weather conditions, the Claimant has satisfied the higher test applicable to mandatory interim relief.
  2. Unless there is any objection to the continuation of the payments which I have ordered, it appears that there is no need for any further urgency but if I am wrong on this the parties can say so.
  3. I have granted an interim anonymity order but this may need to be reconsidered in the light of any further evidence or submissions which indicate that it is not necessary or appropriate.

Signed: Mr Justice Linden
28 November 2024