AS -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: CO/1665/2023
In the High Court of Justice
King’s Bench Division
9 May 2023
The Honourable Mrs Justice Lang DBE
The King on the application of
Secretary of State for the Home Department
(Port Ref: KIU/5337531)
On the Claimant’s application for urgent consideration, interim relief, anonymity, and directions;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
- Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “AS”.
- The Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above, within 7 days of this order.
- Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
- The Defendant is to forthwith reinstate support and accommodation for the Claimant, until the determination of the Claimant’s application for interim relief.
- The Defendant shall file and serve an Acknowledgment of Service, Detailed Grounds of Resistance and a response to the application for interim relief, together with any relevant evidence, within 21 days from the date of service of the claim form.
- The Claimant shall file and serve a Reply within 7 days of service of the documents referred to in paragraph 5 above.
- The Claimant shall file and serve an agreed bundle of authorities no later than 5 days before the date of the hearing for permission and interim relief.
- There shall be an oral hearing of the applications for permission and interim relief as soon as reasonably possible, having regard to the availability of counsel, after 12 June 2023. Time estimate: 2.5 hours.
- Liberty to apply to vary or discharge this order on 2 days notice to the other party.
- Costs reserved.
- The Claimant challenges the Defendant’s decision to refuse to recognise him as a potential victim of trafficking.
- This is a complex case which will require a full response from the Defendant.
- In the meantime, as a result of the Defendant’s decision, the Claimant has lost the accommodation in which he was staying, and will now become street homeless. I am satisfied that the Claimant has established a sufficiently strong case to permit the grant of interim relief, and that the balance of convenience lies in favour of providing him with accommodation until an interim relief hearing can be fixed.
- I have granted an anonymity order. The Claimant has made an allegation of modern slavery, which is one of the offences specified by section 2 in the Sexual Offences (Amendment) Act 1992. Therefore his identity should be protected. In the circumstances, a departure from the general principle of open justice is justified.