DD -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000523
In the High Court of Justice
King’s Bench Division
Administrative Court
15 February 2024
Before:
The Honourable Mr Justice Freedman
Between:
The King on the application of
DD
-v-
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 Freedman
IT IS ORDERED THAT:
1. Until after a further hearing in this matter, the Defendant shall not evict the claimant from 1 Gillender Street, London E3 3JW without further order from the court.
2. This matter will be further reconsidered at a hearing to take place at the earliest opportunity when the Court can hear this matter in the week commencing Monday 19 February 2024.
3. An order for anonymity of the Claimant, pursuant to CPR 39.2(4) is made. The identity of the Claimant shall not be disclosed directly or indirectly and this application shall be known as “R(DD) v The Secretary of State for the Home Department”.
4. Costs reserved.
5. The Defendant may apply to discharge or vary this order on giving two hours’ written notice to the Claimant’s solicitor.
This is an injunction. Breach of paragraph 1 this order may give rise to contempt proceedings. Even if an application has been made under paragraph 3 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 challenges the decision of the Defendant to withdraw the Claimant’s asylum claim. The Claimants suffers from physical disabilities said to result from hypotonic cerebral palsy. He also suffers from mental health issues said to be the result of a history of human trafficking and modern slavery.
2. The Claimant has received a negative conclusive grounds decision in respect of an NRM referral (9 August 2023) and on reconsideration, received a negative reasonable grounds decision (13 December 2023). After the Claimant failed to attend an interview on 2 November 2023, the Defendant withdrew the Claimant’s application for asylum
(20 November 2023).
3. The Claimant only instructed solicitors in February 2024 after being notified of eviction from his section 95 accommodation, which is due to occur later today. The Court has received these papers requiring a decision within 2 hours prior to a 4 pm deadline upon which he is to be removed.
4. The Claimant claims:
(1) that his asylum claim should be reinstated because he did not receive the interview letter or notice of the interview
(2) there are exceptional circumstances to warrant the reinstatement of his asylum claim
(3) no eviction should take place pending his request to reinstate the asylum claim, particularly having regard to his physical disabilities
(4) the application for judicial review challenges the withdrawal of the asylum claim, and claims that the decision to terminate his support and evict him has been irrational.
5. The Court is concerned about making an order without prior notice to the Defendant and without receiving the Defendant’s representations.
6. The Claimant has raised an arguable case, albeit that its merits require more careful examination at an on notice hearing and when the Court has a greater opportunity to consider the underlying merits.
7. The Court is concerned about the imminent removal of the Claimant later today having regard to the Claimant’s above mentioned physical condition and his mental health.
8. In these circumstances, the Court will make a temporary order for a very short time, so that the matter can be heard in court at the earliest opportunity. In the meantime, there is liberty to apply.