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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/1896/2023

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

7 June 2023

Before:

Eleanor Grey KC (Sitting as a Deputy Judge of the High Court)

Between:

The King on the application of
FVW

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for (i) Anonymity and (ii) Interim Relief
AND Following consideration of the documents lodged by the Claimant;
ORDER by ELEANOR GREY KC (Sitting as a Deputy Judge of the High Court)

Anonymity

  1. Pursuant to CPR 39.2(4), the Claimant shall hereinafter be referred to in these proceedings as “FVW”. The matter shall be listed as “FVW (on the application of RB) v Secretary of State for the Home Department”.
  2. 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 any details leading to the identification of the Claimant. The Claimant, if referred to, shall only be referred to as “FVW”.
  3. Pursuant to CPR 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 Appellant is referred to in those documents only as RB; and (b) any identifying reference to the Appellant has been deleted from those documents.
  4. Any person, including members of the press, may apply to the court to vary or discharge this Order on seven days’ notice to the parties.
  5. This Order shall be published on the website of the Judiciary of England and Wales pursuant to CPR r.39.2(5).

Interim Relief

  1. In the event that the Defendant opposes the application for interim relief, she must file and serve a response to the Claimant’s application for interim relief on Ground 1 by 3pm on Friday 9 June 2023.
  2. The application for interim relief is to be listed for an inter partes hearing on Wednesday 14 June 2023, time estimate 2 hours.
  3. Costs reserved.
  4. Liberty to apply.

Reasons

  1. The Claimant has filed papers seeking to challenge the ongoing decision by the Defendant to accommodate him in accommodation that he says is inadequate and unsuitable for his needs.
  2. The Claimant has also applied (i) for anonymity and (ii) for interim relief. At this stage, the application for interim relief is limited to a request for, first, Grounds from the Defendant setting out her position on the application for relief and, second, an order listing an urgent hearing of that application.
  3. The application for judicial review, and the application for interim relief, are supported by a medical report from Dr Nuwan Galappathie (Consultant Forensic Psychiatrist).
  4. In relation to the issue of anonymity, I am satisfied that, as an asylum seeker, the Claimant’s identity should be protected.
  5. In relation to the matters relating to the application for interim relief, I am satisfied that this issue should be determined on an inter partes basis, but within a short period of time. I have therefore made the Directions set out above. The Appellant requested a response by the Defendant by Wednesday 7 June. Given the date when these Directions are made, but taking into account the fact that a Pre-Action Protocol Letter supported by the medical evidence was sent to the Defendant on 19 May, I have instead directed a response by the end of this week, to be followed by a hearing in the middle of the week that follows.