Claim number: AC-2023-LON-003361
In the High Court of Justice
King’s Bench Division
13 November 2023
The Honourable Mr Justice Poole
The King on the application of
Secretary of State for the Home Department
On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant
AND UPON the Court considering that the granting of anonymity to the Claimant is necessary to secure the proper administration of justice and to protect his interests as a vulnerable person.
ORDER by the Honourable Mr Justice Poole on 13 November 2023
- The Claimant is granted anonymity under CPR 39.2(4) and shall be referred to in these proceedings as “HSQ”.
- From 4pm on the date this Order was sealed, the Defendant shall take the following steps and any further efforts reasonably required in the circumstances, to identify suitable accommodation to which the Claimant can be released from immigration detention:
a. Within 24 hours, the Defendant shall:
i. identify one or more proposed addresses at which the Claimant may be accommodated pursuant to section 95 of the Immigration and Asylum Act 1999 or schedule 10 of the Immigration Act 2016 upon release from immigration detention; and
ii. undertake any required consultations or investigations into the acceptability of the proposed addresses (including for example any consultation with the police or with the Claimant’s Supervising Officer).
b. The Defendant shall use reasonable endeavours to ensure that responses from any such consultees are delivered expeditiously.
c. Within 24 hours of the Defendant being notified of the outcome of the suitability assessment above:
i. the Defendant shall inform the Claimant’s solicitor of the same; and
ii. if the outcome of the suitability assessment is negative, the Defendant shall repeat the steps identified in paragraph 2 of this Order until a release address is identified by the Defendant and approved as suitable or until ordered otherwise by this Court.
- Within 48 hours of a suitable release address being identified by the Defendant, the Defendant shall facilitate transport of the Claimant to that address.
- If the Claimant is not released from immigration detention within 14 days of the date of this Order being sealed, the Defendant’s solicitor must write to the Court confirming this, requesting a date be fixed for an expedited hearing as ordered at paragraph 5 below, and providing a witness statement from the Defendant outlining:
(i) the steps taken to comply with this Order;
(ii) the reasons for the ongoing delay in releasing the Claimant from immigration detention; and
(iii) whether the Defendant considers there are any other steps it could take, but that it has not yet taken, to effect the Claimant’s release from immigration detention, including an explanation of why any such steps have not yet been taken.
- In that event (as set out at paragraph 4 above) there shall thereafter be an expedited hearing to decide interim relief and permission to be listed for two hours in the week commencing 4th December 2023.
- There shall be a detailed assessment of the Claimant’s publicly funded costs.
- Liability to pay costs inter partes is reserved.
- There be liberty to restore generally.