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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/414/2023

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

2 February 2023

Before:

Mr Justice Julian Knowles

Between:

The King on the application of
BXA

-v-

Secretary of State for the Home Department

Order

UPON the Claimant’s application for directions in relation to an application for interim relief
AND UPON the Court considering the documents filed by the Claimant
IT IS ORDERED:

Anonymity

  1. There be substituted for all purposes in this action, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters ‘BXA’.
  2. The Court file is to be retained by the Court and marked ‘Anonymised’. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain a copy of pleadings, a Judgment or Order from the Court records only if the pleadings, Judgment or Order has been anonymised such that the Claimant is referred to as BXA in those documents and his address has been removed.
  3. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited.

Directions

  1. The Defendant shall file and serve her response to this application for interim relief within 14 days of the date of this Order.
  2. Thereafter, the matter shall be listed for an inter partes hearing on the question of immediate release to accommodation provided by the Defendant within 14 days with a time estimate of 1½ hours.
  3. Costs reserved.

Reasons

  1. This matter has a degree of urgency as the Claimant is in detention and is vulnerable by reason of mental health concerns. Anonymity is appropriate.
  2. The Claimant’s solicitors sought an order for disclosure of (a) the Minute of the decision to detain, all Detention Reviews and all Monthly Progress Reports in respect of the current period of detention; (b) all internal notes, memos and correspondence bearing on the latest decision to detain the Claimant; (c) all documents and papers held in respect of any attempts during this period of detention to prepare an ETD application including all attendance notes, file notes and correspondence with the Algerian authorities (or the authorities of any other State).
  3. I decline to make an order for disclosure. The Secretary of State is well aware of her
    duty of candour in judicial review proceedings and can be relied upon to fulfil it.