BPG -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2023-LON-003853
In the High Court of Justice
King’s Bench Division
Administrative Court
29 May 2024
Before:
The Honourable Mr Justice Lavender
Between:
The King on the application of
BPG
-v-
Secretary of State for the Home Department
Order
Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant and the Acknowledgment of Service filed by the Defendant
And upon noting that the Claimant is a person to whom section 1(1) of the Sexual Offences (Amendment) Act 1992 applies
ORDER by the Honourable Mr Justice Lavender
1. There be substituted for all purposes in these proceedings in place of references to the Claimant by name, whether orally or in writing, references to the letters “BPG”.
2. Until further order, the publication in connection with these proceedings of the Claimant’s name, or of any particulars or details calculated to lead to his identification, is prohibited.
3. A non-party may not obtain or inspect a copy of any statement of case, or any other document filed with the Court to which a non-party may have access pursuant to CPR 5.4A-D or otherwise, unless it has been produced or edited so as to comply with paragraphs 1 and 2 of this Order and/or any subsequent direction made by the Court.
4. Permission is granted to the Claimant to amend the statement of facts and grounds.
5. The application for permission to apply for judicial review on ground 4 is refused.
6. The application for permission to apply for judicial review on grounds 1, 2, 2a and 3 is granted.
7. The application for judicial review is stayed until the earlier of:
(1) the refusal by the Court of Appeal of permission to appeal against the decision of the Upper Tribunal in R (VLT) v. Secretary of State for the Home Department JR-2023-LON-001944 (“VLT”);
(2) the determination of the appeal in VLT; or (3) further order.
8. Promptly upon the refusal of permission to appeal, or the determination of the appeal, in VLT, the parties must use their best efforts to agree either a consent order or directions, as appropriate, and must inform the court what they have agreed, together with any matters on which they disagree.
Observations
1. The Defendant does not dispute that grounds 1, 2, 2a and 3 are arguable.
2. As for ground 4, the Defendant’s failure to consider granting leave to remain does not involve a breach of Article 4 or Article 8.
3. It is likely that the outcome of the proposed appeal in VLT will resolve this application. A contested hearing of this application before then would not be an appropriate use of the court’s resources.