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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023-LON-002911

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

13 October 2023

Before:

The Honourable Mr Justice Calver

Between:

The King on the application of
HAA

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for (i) anonymity and (ii) for a 3 month stay of the proceedings
Following consideration of the documents lodged by the Claimant and the Defendant
ORDER by the Honourable Mr Justice Calver

  1. There be substituted for all purposes in this action, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters “HAA”.
  2. To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or to places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustment.
  3. The Court file is to be retained by the Court and marked “Anonymised”. Pursuant to CPR 5.4C a person who is not a party to these 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 the Claimant is referred to as HAA in those documents and his address has been removed.
  4. The Claimant’s solicitors have permission to file with the Court copies of documents adjusted so as to comply with paragraph 3; such copies of documents are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked “not to be opened without permission of the High Court”.
  5. The Claimant has permission to issue the Claim Form showing his solicitor’s address as the Claimant’s address.
  6. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited.
  7. The claim shall be stayed for three months from the date of the sealing of this Order to enable the parties to explore ADR in respect of public law remedies and compensation.
  8. Thereafter, if the claim for judicial review has not been compromised, the stay shall be lifted and the Claimant shall have 21 days to file and serve an amended Claim Form, Grounds and any additional evidence.
  9. The Defendant shall have 21 days from the date of service of the amended Claim Form and Grounds pursuant to paragraph 8 to file and serve an Acknowledgment of Service and any accompanying evidence.
  10. The Defendant may apply to set aside or vary this order or any part thereof within seven days of service of this order.
  11. Costs in the case.

Reasons

  1. Non-disclosure of the identity of the Claimant is clearly necessary in order to protect the interests of the Claimant as an asylum-seeker who may be exposed to a real risk of ill-treatment in the event of return to his country of origin. Accordingly, publication of details revealing the identity of the Claimant ought to be prohibited.
  2. A number of similar judicial review claims have been stayed by consent to enable the parties to explore ADR (Lead Case AC-2023-LON-000361, formerly CO/124/2023) and I am satisfied that this claim should be stayed for the same reason.