JS -v- Home Secretary (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case Reference: CO/1757/2023

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

26 May 2023

In the matter of an application for judicial review

Before:
His Honour Judge Lambert

Between:
The King on the Application of
JS
-v-
Secretary of State for the Home Department

Anonymity Order

UPON consideration of the Claimant’s application for permission to apply for judicial review and for interim relief and for an anonymity direction.

ORDER by His Honour Judge Lambert sitting as a judge of the High Court

IT IS ORDERED THAT

Interim relief

  1. Pending the determination of this claim or further order, and/or for as long as the
    Claimant remains eligible for s.95 accommodation, the Defendant shall provide
    facilities for the accommodation of the Claimant and his son within seven days of the
    service of this order, pursuant to s.95 of the Immigration and Asylum Act 1999.
  2. The Defendant shall give the Claimant and his solicitors notice in writing of the address of the accommodation to be provided pursuant to paragraph 1, as well as the time and location of the transfer to that accommodation. Such written notice is to be provided no less than 24 hours before transfer, by e-mail to service@dpglaw.co.uk.

    Anonymity
  3. 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:
    a. There shall be substituted for all purposes in this case, in place of references to
    the Claimant’s name, reference to “JS”;
    b. There shall be no publication of any name, address, picture or other
    information likely to lead to the identification of the Claimant being the
    Claimant in these proceedings,
    c. “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;
    d. 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;
    e. 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).
    Directions
  4. Liberty to discharge or vary this Order on two working days’ written notice.
  5. The parties may vary the terms of paragraph 1 by consent.
  6. Costs reserved.

    Reasons
    Perhaps unusually I will grant an order without a response from the Defendant. The limited duty under section 95 of the Immigration and Asylum Act 1999 is accepted. The Defendant has already had a reasonable time to seek to prevent destitution. It is not right or realistic to grant interim relief specifying a particular location. It would essentially determine the matters in dispute between the parties at the interim relief stage. There is a very restricted supply of residential properties for state-supported families in major cities such as Bristol. There are limited options available to the Defendant at best.

    PJL Lambert (Julian Lambert) sitting as a judge of the High Court 26.05.23