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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023- LON-002946

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

5 October 2023

Before:

The Honourable Mr Justice Lane

Between:

The King on the application of
HIS

-v-

Secretary of State for the Home Department

Order

On the claimant’s application for urgent consideration and interim relief
Following consideration of the documents lodged by the claimant
ORDER by the Honourable Mr Justice Lane

  1. The defendant must, by 4pm on Tuesday, 10 October 2023 provide the claimant with support under section 98 of the Asylum and Immigration Act 1999 (including accommodation).
  2. The defendant has liberty to apply to vary or discharge the order at paragraph 1 above on 12 hours’ written notice to the claimant.
  3. Any application made under paragraph 2 above is to be referred to a High Court Judge or deputy judge for consideration immediately after issue.
  4. The claimant shall be anonymised as “HIS” pursuant to CPR rule 39.2(4).
  5. Costs reserved.

This is a mandatory injunction. Breach of paragraph 1 this order may give rise to contempt proceedings. Even if an application has been made under paragraph 2 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.

Reasons

  1. I am satisfied that, on the evidence before me, the American Cyanamid tests are made out. There is compelling evidence that the claimant is currently destitute and it is manifest that the claimant has lodged an appeal with the FtTIAC against the refusal by the defendant of his protection claim (PB pages 116, 117 and 137).
    I have set a timescale for compliance which, whilst later than the claimant would like, takes account of the coming weekend and is intended to minimise the risk of the defendant having to apply to vary paragraph 1 of the order.