In the High Court of Justice
Queen’s Bench Division
8 September 2022
Deputy High Court Judge Siddique
In the matter of an application for judicial review
THE QUEEN on the application of
Secretary of State for the Home Department
On an application by the Claimant for interim relief and anonymity
Following consideration of the documents lodged by the Claimant
ORDER by Deputy High Court Judge Siddique
1. 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 his identification. If referred to, he shall only be referred to as ‘H’.
2. 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 by the letters ‘H’; and (b) any reference to his name has been deleted from those documents.
3. The application for permission to claim judicial review and for interim relief shall be listed for an oral hearing on the first available date on or after Tuesday 11 October 2022, with a time estimate of 2 hours.
4. The Defendant shall by 4pm on Tuesday 27 September 2022, file and serve the Acknowledgement of Service and Summary Grounds of Defence. The Summary Grounds of Defence shall include the Defendant’s response to the Claimant’s application for interim relief (and shall also include any evidence relied on by the Defendant in response to that application), and shall stand as the Defendant’s Skeleton Argument for the hearing of the application for interim relief.
5. The Claimant has permission to serve a short reply to the Defendant’s response to the interim relief application (if so advised) by 4pm on Tuesday 4 October 2022.
6. The parties shall agree the contents of a bundle for the hearing of the application for interim relief. An electronic version of the bundle shall be
prepared in accordance with the Guidance on the Administrative Court website. The bundle shall be lodged with the Court not less than 24 hours before the date set for the hearing of the application.
7. In the event that the application for interim relief becomes unnecessary then:
a. the Claimant shall immediately inform the court;
b. the hearing shall be vacated; and
c. the application for permission shall be determined on the papers.
1. The Claimant, who has a one year old baby, contends that the Secretary of State, having agreed to provide accommodation and support to the Claimant and the Claimant’s family in exercise of her power under section 95 of the Immigration and Asylum Act 1999, has exercised that power unlawfully in that the accommodation provided in Wembley (a hotel room for a family of three with a baby) is inadequate and has failed to safeguard and promote the welfare of the Claimant’s child in breach of section 55 of the Borders, Citizenship and Immigration Act 2009.
2. I do not consider that there is any immediate urgency as the Claimant and the Claimant’s family have been accommodated for the past five months, although I recognise the Claimant contends the accommodation is inadequate and fails to take account of the Claimant’s child’s best interests.
3. The above directions are made as I am not persuaded that it is proportionate in the circumstances of this case to make a mandatory order against the Defendant without giving the Defendant an opportunity to make representations.
4. I am satisfied that the case is suitable for the anonymity of the Claimant due to the nature of the Claimant’s asylum claim and to protect the identity of the Claimant’s child.