FKK -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Case number: AC-2024-LON-004018
In the High Court of Justice
King’s Bench Division
Administrative Court
15 January 2025
Before:
Judge Plimmer
Between:
The King on the application of
FKK
-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 Acknowledgement of Service filed by the Defendant
ORDER by Judge Plimmer sitting as a Judge of the High Court
1. The application for permission to apply for judicial review is refused.
2. The identity of the Claimant as a party to these proceedings is confidential and shall not be published. Pursuant to CPR 39.2(4) there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant or of any details that could lead to the identification of the Claimant as a party to these proceedings. In any judgment or report of these proceedings or any other publication in relation thereto, the Claimant shall be referred to as ‘FKK’ and any details that might lead to the identification of the Claimant shall be redacted before publication.
3. The costs of preparing the Acknowledgement of Service are to be paid by the Claimant to the Defendant, summarily assessed in the sum of £469.
4. Paragraph 3 above is a final costs order unless within 14 days of the date of this Order the Claimants file with the Court and serves on the Defendant a notice of objection (limited to 3 A4 pages) setting out the reasons why they should not be required to pay costs (either as required by the costs order, or at all). If the Claimants file and serve notice of objection, the Defendant may, within 14 days of the date it is served, file and serve submissions in response (limited to 3 A4 pages).
5. The directions at paragraph 3 apply whether or not the Claimant renews his application for permission to apply for judicial review.
6. If a renewal application is made, the Judge who hears that application will consider the written representations filed, together with such further oral submissions as may be permitted, and decide what costs order if any, should be made.
7. If no renewal application is made or if an application is made but withdrawn, the written representations filed will be referred to a Judge and what order for costs if any, should be made will be decided without further hearing.
Reasons
1. The Claimant has relied upon very detailed grounds dated 5 December 2024, challenging his immigration detention since 6 November 2024. He seeks a declaration that his continuing detention is unlawful and an order requiring his immediate release.
2. On 26 November 2024 the Defendant recognised the Claimant as a victim of trafficking but refused to provide ‘section 4’ support on 4 December 2024. On 17 December 2024 the First-tier Tribunal granted the Claimant bail and the Claimant was granted support on 6 January 2025. On 9 January 2025 a dispersal address was confirmed by the Defendant, and on 13 January it was further confirmed that the Claimant could be released to the dispersal address on 48 hours notice.
3. The Claimant’s solicitors set out a short reply to the AoS in which it was acknowledged that arrangements are currently being made to release the Claimant. No attempt was made to assist the Court by indicating what the Court was being invited to order in the light of the updated circumstances.
4. The Claimant’s most immediate concern seems to have been addressed: the Claimant’s release from detention to an address provided by the Defendant appears imminent. There is no current need for the Court to intervene further at this time, in relation to the mandatory order relief sought.
5. The grounds alleging that the Claimant’s detention has been unlawful are not arguable for the concise reasons in the AoS. In any event the private law claim for unlawful detention and damages can be determined upon transfer to the County Court.