IZ -v- Secretary of State for the Home Department (amended anonymity order)
Administrative CourtHigh CourtQueen's Bench DivisionAnonymity Order
Case No: CO/2867/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
12 August 2022
Before:
The Honourable Mrs Justice Foster DBE
Between:
The Queen on the applciation of
IZ
-v-
Secretary of State for the Home Department
Following consideration of the documents lodged by the Claimant
AMENDED ORDER by the Honourable Mrs Justice Foster DBE
1. The application for permission to apply for judicial review and an Interim Order is adjourned and will be listed for hearing in court on notice to the Defendant as soon as possible after Thursday 18 August 2022 time estimate 45 minutes.
2. The parties are to provide a written estimate within 48 hours of service of this Order if they disagree with the estimate at 1 above.
3. The Claimant must file and serve a Skeleton Argument not less than 48 hours before the date of the hearing.
4. The Defendant must file and serve a Skeleton Argument not less than 1 day before the date of the hearing.
5. The parties are to provide a written estimate within 7 days of service of this Order if they disagree with the estimate at 1 above.
6. The Claimant must file and serve a Skeleton Argument not less than 7 days before the date of the hearing.
7. The Defendant [and the Interested Party] must file and serve a Skeleton Argument not less than 3 days before the date of the hearing.
8. The application for anonymity is granted, and pursuant to section 11 of the Contempt of Court Act 1981, section 6 of the Human Rights Act 1998, CPR rule 5.4D-5.4D and Rule 39.2, with effect from the date of this order and until further order:
1. There shall be substituted for all purposes in this case, in place of references to the Claimant’s name, reference to “IZ”.
2. There shall be no publication of any name, address, picture or other information likely to lead to the identification of the Claimant or his family being the Claimant or her family in these
proceedings.
3. “Publication” means communication to the public or any section of the public. It includes publication in a newspaper or broadcast, or on the internet, by any person.
4. The Defendant, and any party served with or given notice of the anonymity order, has permission to apply to discharge or vary that order. Any application for that purpose must be made in writing, on notice to all parties.
5. Any application for permission to inspect or obtain a non-anonymised version of a document must be made on notice to the Claimant and in accordance with CPR r.5.4C(6).
9. Liberty to apply on 24 hours’ notice to the Court and to the other side
to discharge or to vary this order.
10. Costs reserved.
Observations
1. The Claimant, a national of Afghanistan, is a destitute asylum seeker who with his wife, and their 6 year old daughter (DOB 3.8.2017) arrived in the UK 19 December 2021 by boat. He is seeking an Order that for as long as the Claimant remains eligible for s.95 accommodation, the
Defendant provide facilities for the accommodation of the Claimant and family forthwith, pursuant to s.95 of the Immigration and Asylum Act 1999, self-catered accommodation, including self-contained bathroom and cooking facilities. The entire family sleeps, eats and
lives in the same room, they have to eat sitting on the floor. The food is said to be inadequate and is refused by the child. They have no money to buy food and no facilities to cook. The wife has started to show mental health symptoms of anxiety and depression. It is the second hotel in which they have been accommodated since arrival.
2. The alleged circumstances of this case raises serious issues, both particular and general concerning the system for provision to asylum seekers and there is urgency about the individual case.
3. No response to or acknowledgement of the pre action protocol letter dated 14 July 2022 appears to have been given by the Defendant.
Case NOT suitable for hearing by a Deputy High Court Judge
Signed
Mrs Justice Foster DBE
12 August 2022
Amended this 15 day of August 2022 following settlement of the matter of FP