BN -v- Secretary of State for the Home Department

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003426

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

In the matter of an application for judicial review

18 October 2024

Before:

the Honourable Mr Justice Sheldon

Between:

The King
on the application of
BN

-v-

The Secretary of State for the Home Department

Order

On the Claimant’s application for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Sheldon

  1. The Defendant must by 8pm on 18 October 2024, and until the determination of the application for interim relief, provide the Claimant with accommodation.

  2. The Defendant shall file and serve an Acknowledgment of Service within 7 days hereof.

  3. The matter shall be listed thereafter, as soon as possible, for an inter partes hearing on the question of permission and whether interim relief should be maintained pending the final determination of the claim.

  4. The Defendant has liberty to apply to vary or discharge the order at paragraph 1 or 2 above on 24 hours written notice to the Claimant.

  5. Any application made under paragraph 4 is to be referred to a High Court Judge within 24 hours after issue.

  6. Pending the application for interim relief, the name and identity of the Claimant shall be anonymised, and publication of his name or details that make him liable to be identified shall be prohibited.

  7. Costs reserved.

This is a mandatory injunction. Breach of paragraph 1 of this order may give rise to contempt proceedings. Even if an application has been made under paragraph 4 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.

Reasons

  1. The Claimant, an Albanian national, has been accommodated by the Joint Council for the Welfare of Immigrants (JCWI) out of charitable funds since 3 October 2024. They can no longer accommodate him. If accommodation is not provided for the Claimant by the Defendant Secretary of State today he will be street homeless.

  2. On 9 October 2024, the Defendant accepted that she was under an obligation to provide the Claimant with accommodation under section 4 of the Immigration and Asylum Act 1999. The Defendant has not
    indicated when such accommodation will be made available to the Claimant, even though her own internal policy guidance indicates that dispersals should normally occur within 48 hours to accommodate single persons who would otherwise be street destitute. The Defendant has been notified that the JCWI accommodation will cease today.

  3. There is medical evidence available suggesting that the Claimant has symptoms of PTSD, and suffers from depression and anxiety. On the evidence currently available, therefore, there is a high probability that the Claimant will suffer more greatly than the average person who is made street homeless, giving rise to a likely contravention of Article 3 of the Convention if he is not provided with accommodation by the Defendant later today.

  4. Applying the adjusted American Cyanamid test, the evidence available demonstrates that there is a strong prima facie case that the Defendant has acted unlawfully in delaying the provision of section 4 accommodation to the Claimant, and that the balance of convenience favours the grant of the injunction. The prejudice to the Claimant of being street homeless outweighs the impact on the Defendant of sourcing accommodation immediately. (Nothing that is said herein should be taken to bind the judge dealing with this matter at the next
    stage of these proceedings, as the Defendant has not had an opportunity to submit evidence or make submissions).

  5. The matter should be expedited, but the Defendant has liberty to apply if the time limits are impracticable.

  6. Pending hearing from the Defendant, this is an appropriate case for an anonymity order given the evidence of the Claimant’s health and other private life issues identified in the Claimant’s bundle.

    Signed: Mr Justice Sheldon

    Date: 18 October 2024