January 30, 2025

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

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2025-LON-000304

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

30 January 2025

Before:

The Hon. Mrs Justice May

Between:

The King on the application of
ARM

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent interim relief

Following consideration of the documents lodged by the Claimant

ORDER BY THE HON. MRS JUSTICE MAY

1. Anonymity:
(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or 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 ARM.
(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 a redacted copy of any statement of case 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;
(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.

2. Mandatory injunction:
(a) The Defendant shall, within 48 hours of service of this Order, provide Probation Services with a list of suitable addresses to which the Claimant made be released to reside, having due regard to the Claimant’s licence conditions.
(b) The Defendant shall, within 72 hours of service of this Order, take such steps as are necessary to ensure that the Probation Service urgently reviews the suitability of such addresses.
(c) The Defendant shall, within 24 hours of Probation Services having approved an address, release the Claimant to that address.
(d) The Defendant shall continue to accommodate the Claimant at such address until the hearing referred to in paragraph 3 below, or sooner order in the meantime.
(e) The Defendant may apply to vary or discharge paragraphs 2(a) to (d) above, any such application to be served on each party.

THIS IS A MANDATORY INJUNCTION. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 2(b) ABOVE

3. Inter partes hearing
(a) There will be a hearing on 20 February 2025, time estimate 2 hours, for the court to consider further the application for interim relief.
(b) The court will give further directions for the progress of the JR proceedings at that hearing.

Reasons

(1) Anonymity: The Claimant is an asylum seeker. There is evidence that naming the Claimant will increase the risk they would face if returned to their country of origin. Further, the claim relies on personal medical information in which the Claimant has a reasonable expectation of privacy. There are accordingly compelling reasons for the
limited derogations from the principle of open justice in paragraph 1.
(2) Mandatory injunction: The Claimant has been detained in immigration detention since 3 October 2024. On 7 October 2024 the Defendant “provisionally” agreed to release him but there has apparently been no progress in identifying suitable premises. For various reasons there is no prospect of his being deported within a reasonable time. On 18 November 2024 FTTJ Smyth refused bail on the basis that the Defendant had agreed to release the Claimant. The Claimant has physical and mental health issues; the evidence indicates that he attempted suicide on 22 January 2025 and that his mental state is at risk of further deterioration whilst he remains detained.