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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1318/2023

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

13 April 2023

Before:

The Honourable Mr Justice Linden

Between:

The King on the application of
EF

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant, dated 12 April 2023, for directions for the hearing his application for interim relief and for an anonymity order
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Linden

  1. By 4pm on Friday 28 April 2023 the Defendant will file and serve her Acknowledgment of Service, Summary Grounds of Defence and response to the Claimant’s application for interim relief including any evidence on which she relies for the purposes of that application.
  2. The matter will be listed for a hearing in the week commencing 8 May 2023 if possible, with a time estimate of 2 hours, to consider the Claimant’s application for interim relief and, if time allows, permission.
  3. The Claimant will file and serve a skeleton argument and an agreed bundle by 4pm on Wednesday 3 May 2023, and the Defendant will file and serve her skeleton argument by 4pm on Friday 5 May 2023 together with an agreed bundle of authorities.
  4. Pending the hearing referred to at paragraph 2 or further order:
    a. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or his wife and children or any details leading to their identification and the Claimant, if referred to, shall only be referred to as EF.
    b. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as EF; and (b) that any reference to the names of the Claimant, his wife or his children, be deleted from those documents and referred to by letters.
  5. Any person affected paragraphs 3(a) and (b) by this Order may apply on notice to all parties to have this Order set aside or varied.

Reasons

  1. This is essentially a challenge to the adequacy of the hotel accommodation which has provided to the Claimant, his wife and two children pursuant to section 95 of the Immigration and Asylum Act 1999. They have been living in that accommodation for nearly a year.
  2. Having assessed the degree of urgency of this matter, I consider that the better course is to put the Court in a position to deal with permission at the hearing requested by the Claimant, if time allows. I have therefore made the directions above accordingly.
  3. I am satisfied that the interim anonymity order above is appropriate at this stage. The matter can be considered in greater detail at the hearing in May.