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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2023-LON-002992

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

18 October 2023

Before:

The Honourable Mr Justice Calver

Between:

The King on the application of
HT

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for (i) anonymity and (ii) interim relief in the form of an order that the Defendant must arrange the Claimant’s release to accommodation forthwith
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Calver

  1. There be substituted for all purposes in this action, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters “HT”.
  2. To the extent necessary to protect the Claimant’s identity, any other references, whether to persons or to places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustment.
  3. The Court file is to be retained by the Court and marked “Anonymised”. Pursuant to CPR 5.4C a person who is not a party to these proceedings may obtain a copy of a Statement of Case, Judgment or Order from the Court records only if the Statement of Case, Judgment or Order has been anonymised such that the Claimant is referred to as HT in those documents and his address has been removed.
  4. 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.
  5. The Claimant’s application for interim relief shall be listed for an oral hearing within 14 days from the date of this order, with a time estimate of 2 hours.
  6. The Defendant shall file and serve her response (including any evidence) to the application for interim relief no later than 7 days before the hearing.
  7. The Claimant shall serve any reply to the Defendant’s response (including any evidence) no later than 5 days before the hearing.
    8.The parties shall exchange and lodge with the court short skeleton arguments no later than 3 days before the hearing.
  8. The Defendant may apply to set aside or vary this order or any part thereof within seven days of service of this order.
  9. Costs reserved.

Reasons

  1. Non-disclosure of the identity of the Claimant is clearly necessary in order to protect the interests of the Claimant as an asylum-seeker with an outstanding protection claim who may be exposed to a real risk of ill-treatment in the event of return to his country of origin. Accordingly, publication of details revealing the identity of the Claimant ought to be prohibited.
  2. An urgent interim relief hearing is necessary. The Claimant (who appears to have serious mental health issues) is currently detained by the Defendant under immigration powers despite being granted bail in principle by the First Tier Tribunal on 1 September 2023, conditional on his being provided with a release address. The Claimant is on licence until 31 October 2023 and subsequently will be on a post-sentence supervision period until 1 August 2024. During both periods the Claimant will be subject to a number of conditions, including a requirement to reside at an address approved by his probation officer. The Defendant has failed to respond substantively to the claim for release accommodation.