Case No: CO/2022/2022
In the High Court of Justice
Queen’s Bench Division
In the matter of an application for judicial review
The Honourable Mr Justice Wall
The Queen on the application of BXA
SECRETARY OF STATE FOR THE HOME DEPARTMENT
On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Wall
1. The Claimant’s application for anonymity is granted. In particular:
a. The Claimant it to be referred to orally and in writing as “BXA”;
b. 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 that copy has been anonymised such that the Claimant is referred to as BXA in those documents; and
c. No report of these proceedings may disclose any information that may lead to the subsequent identification of the Claimant.
2. The application for interim relief is dismissed.
3. Costs in the case.
1. The Claimant is a vulnerable man. The nature and degree of his mental health issues mean that it is proper to seek to protect his identity. These considerations outweigh the demands of open justice in this case.
Form JR-MPA. Judicial Review. Miscellaneous Paper Application. Version September 2020
2. I accept that the Claimant is in a difficult position. But the claim is for the Defendant to provide him with accommodation under paragraph 9(2) Schedule 10 Immigration Act 2016. The challenge is to the Defendant’s refusal to do so made on 14 April 2022. Paragraph 9(2) only applies in a situation in which a person is on immigration bail with a condition of residence at a particular address (see Para 9(1)(a)). That is not the situation here. The Claimant is on immigration bail but without a condition of residence. Paragraph 9(2) is not engaged. Therefore, it does not matter whether or not the second condition precedent to the provision of assistance under paragraph 9(2) applies (i.e. that he would be unable to support himself at the address without the assistance of the Secretary of State (see Para 9(1)(b)).
Signed Mr Justice Wall
8 June 2022