HS -v- Upper Tribunal (Immigration and Asylum Chamber) (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2097/2023
AC-2023-LON-001758

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

16 November 2023

Before:

The Honourable Mr Justice Poole

Between:

The King on the application of
HS

-v-

Upper Tribunal (Immigration and Asylum

and

Secretary of State for the Home Department
(Interested party)

Order

On The Claimant and Interested Party consenting to the decision of the Upper Tribunal dated 5.5.23 being quashed and further directions as set out in this Order, and having submitted a signed consent order dated 21 September 2023.

ORDER by the Honourable Mr Justice Poole

  1. The Claimant is granted anonymity under CPR 39.2(4) and shall be referred to in these proceedings as “HS”.
  2. The decision of the Upper Tribunal dated 5.5.23 be quashed.
  3. The matter be remitted to the Upper tribunal for consideration of the matters set out in paragraph 9 of the statement of reasons.
  4. This judicial review claim be transferred to the Upper Tribunal in relation to the question of costs pursuant to s31A SCA 1981 and s19(3) Tribunals Courts and Enforcement Act 2007 and in accordance with the guidance in JH (Palestinian Territories) v UT and SSHD [2020] EWCA Civ 919.
  5. The costs of the judicial review claim are to be determined by the Upper Tribunal at the conclusion of the statutory appeal proceedings before that Tribunal.
  6. There be detailed assessment of the Claimant’s legally aided costs.

Reasons

  1. The Claimant’s fear of persecution and her alleged circumstances justify the granting of anonymity after balancing her Art 8 rights and the Art 10 right of freedom of expression and the principle of open justice.
  2. The consent order (set out at paragraphs 2 to 6 above) remits the case to the Upper Tribunal for consideration of the matters set out in paragraph 9 of the statement of reasons. Notwithstanding the provisions of s11A of the 2007 Act, I am content to approve the agreed course of quashing of the decision of 5.5.23 and to remit the case as sought.