August 25, 2022

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

Administrative Court High Court Queen's Bench Division Anonymity Order

Case No: CO/2990/2022

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

23 August 2022

Before:

The Honourable Mrs Justice Ellenbogen DBE

Between:

The Queen on the application of
HRA

-v-

Secretary of State for the Home Department

On applications by the Claimant for (1) anonymity; (2) urgent interim relief and (3) disclosure
Following consideration of the documents lodged by the Claimant

ORDER by The Honourable Mrs Justice Ellenbogen DBE

1. The identity of the Claimant in these proceedings shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings, or other publication (by whatever medium) in relation to these proceedings, the name or address of the Claimant or any other matters which could lead to her identification.
3. In any report of these proceedings, or other publication (by whatever medium) in relation to these proceedings, the Claimant shall be referred to as “HRA” and any matters which could lead to the identification of the Claimant shall be redacted.
4. Pursuant to CPR Rule 5.4C:

a. a person who is not a party to the proceedings may obtain a copy of a claim form, judgment or order from the court records only if the same has been anonymised and redacted in accordance with paragraphs 2 and 3 of this order;
b. if a person who is not a party to the proceedings applies for permission to obtain a copy of any other document or communication, such application shall be on at least 7 days’ written notice to the Claimant’s solicitors;
c. any interested party, whether or not a party to the proceedings, may apply to the Court to vary or revoke paragraphs 1 to 4(b) of this Order, provided that any such application is made on written notice to the Claimant’s solicitors and that 3 days’ prior written notice of the intention to make such an application is given.

5. The Defendant shall file and serve any response to the Claimant’s applications for urgent interim relief and for disclosure, together with any supporting evidence, by 4.00pm on Friday 26 August 2023.
6. The Claimant’s applications for urgent interim relief and for disclosure, together with any response and evidence filed and served by the Defendant in accordance with paragraph 5 above, shall be placed before a judge of the Administrative Court on Tuesday 30 August 2022. At that stage, the judge may determine one or both of the Claimant’s applications, or give directions for further submissions and/or an oral hearing.
7. Costs reserved.

Reasons

1. This matter concerns the Claimant’s health and wellbeing. It is appropriate that the need for interim relief and application for disclosure, be considered with some urgency, however, the court will be assisted by the Defendant’s response to those applications, which, so far as consistent with that urgency, she must be given appropriate time to provide. The time allowed by paragraph 5 of the above order, together with the order made by paragraph 6, strikes that balance. I do not consider it to be necessary or proportionate to grant the interim relief sought in the meantime.
2. The Claimant is an asylum seeker having numerous complex medical conditions which compromise her physical and mental health. On those bases, I am prepared to grant the anonymity order sought; the potentially competing rights to freedom of expression and a fair trial (the principle of open justice) are protected by my giving liberty to apply, to the Defendant and to other interested persons (which would include representatives of the Press and other media), in respect of that part of the order.