HP -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2023-LON-003800
In the High Court of Justice
King’s Bench Division
Administrative Court
21 December 2023
Before:
The Honourable Mr Justice Cavanagh
Between:
HP
-v-
Secretary of State for the Home Department
and
Secretary of State for Justice
Migrant Help
(Interested parties)
Order
On an application for interim relief
Following consideration of the documents lodged by the Claimant.
ORDER by the Honourable Mr Justice Cavanagh
1. The Claimant’s application for interim relief is refused.
2. The Claimant’s application for anonymity is granted.
3. There be substituted for all purposes in this claim, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters “HP”.
4. The Court file is to be retained by the Court and marked ‘Anonymised’.
5. Pursuant to CPR 5.4C, a person who is not a party to these proceedings may obtain a copy of pleadings, a Judgment or Order from the Court records only if the pleadings, Judgment or Order has been anonymised such that the Claimant is referred to as HP in those documents and any address has been removed.
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. Liberty to apply.
8. Costs reserved.
Reasons
1. The sole issue for decision at this stage is whether an order should be made for an interim hearing to determine whether the Court should order the Claimant’s release from detention into appropriate accommodation forthwith.
2. The Claimant seeks an interim relief hearing no later than 5 January 2023.
3. I note, however, from the PAP response from the Defendant, dated 19 December 2023, that the Claimant’s application for support under section 95 of the Immigration and Asylum Act 1999 was granted on 19 December 2023, and, importantly, on 19 December 2023, a proposed release address has been found for him and has been sent for suitability checks with probation.
4. The Defendant has, therefore, located a release address which he considers to be appropriate for the Claimant and to which he can be released imminently, assuming that suitability checks with probation are satisfactory.
5. In the circumstances, there is every reason to expect that the Claimant will be provided with accommodation in advance of any return date for the interim relief hearing.
6. I do not consider it necessary or appropriate to fix a date for a hearing just in case the proposed accommodation falls through. That would be to clog up the court with a hearing which in all likelihood will not be required.
7. I should add that if I had been inclined to order an interim relief hearing, I would not have listed it for no later than 5 January 2024. That would mean that it would have had to come on during legal vacation and the holiday period, when there would have been insufficient judiciary to deal with it. It was not so urgent that this time scale was required.