February 27, 2025

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

Administrative Court Civil High Court King's Bench Division Anonymity Order

Case number: AC-2025-LON-000563

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

25 February 2025

Before:

The Hon Mrs Justice Foster DBE

Between:

The King
on the application of
AYL
(anonymity order granted)

-v-

Secretary of State for the Home Department

Order

UPON the application by the Claimant for urgent consideration, interim relief and anonymity and directions

UPON consideration of the documents lodged by the Claimant

IT IS ORDERED

Interim Relief is granted as per paragraphs 4, 5 and 6 below.
Anonymity:

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

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

(b) The Claimant is to be referred to orally and in writing as AYL and her partner as AYH pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant and/or her partner or of any matter likely to lead to the identification of the Claimant and/or her partner in any report of, or otherwise in connection with, these proceedings.

(i) the parties must within 7 days file and serve a redacted copy of any claim already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant; and/or her partner.

(ii) if any claim subsequently filed includes information likely to lead to the identification of the Claimant and/or her partner 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.

The requirement for an Acknowledgement of Service is hereby dispensed with.
The Defendant shall
(a) by 10am Monday 3 March 2025 provide accommodation suitable for AYL and her newborn baby and AYH
OR
(b) by 10 am Monday 3 March 2025 provide accommodation suitable for AYL and her newborn baby only, and shall file with the Court by that time and date a statement explaining why it refuses also to accommodate AYH with AYL and her newborn baby and shall in any event
(c) by 10.00 am Monday 3 March file Grounds of Defence in the application for judicial review.

This matter is to be put before a judge of the High Court no later than 10 am Tuesday 4 March 2025 for further consideration and determination of next steps.
Liberty to apply to all parties on 12 hours notice in writing side by email to the Court and to the other.
Costs reserved.

OBSERVATIONS

(a) The Claimant is in receipt of Asylum Support under section 95 of the 1999 Act, as from 05 December 2023. However, she has very recently – Saturday 8th February – given birth to a child by C-section. Her partner (who appears to have recently served a prison sentence – no explanation is given) and the father of the child, lives apart from her and it is stated they cannot afford to pay for transport to one another’s property, she is in Stockton on Tees, he in London; she gave birth alone and remains alone.
(b) Her present accommodation is for women-only. However, and more pressingly, it is strongly arguable that it is otherwise quite unsuitable for a post partum woman (see the midwife’s hospital letter dated 13 Feb 25) The claimant is struggling after an emergency C-section with the new born baby and no help in first floor accommodation with steep steps, and all facilities except the bedroom shared.
(c) The re-housing of her and the baby is the immediate priority but accommodation with the father of the child must be considered very urgently in these circumstances.

The Hon Mrs Justice Foster DBE
25 February 2025