JW -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-002415
In the High Court of Justice
King’s Bench Division
Administrative Court
17 July 2024
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
JW
-v-
Secretary of State for the Home Department
(NRM Ref: 33671876)
and
Salvation Army
(interested party)
Order
On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “JW”.
2. No later than 14 days from the date of service of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
3. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
4. The Defendant must file and serve her Acknowledgment of Service, Summary Grounds of Resistance and a response to the application for interim relief, no later than 4 pm on 24 July 2024.
5. The Claimant shall file a Reply and any further evidence, if so advised, by no later than 4 pm on 26 July 2024.
6. The application for interim relief shall be considered by a Judge on the papers no later than 30 July 2024.
7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
8. Costs reserved.
Reasons
1. The Claimant is an Albanian national who seeks asylum in the UK, following a refusal on 3 July 2024. He was referred to the NRM which found conclusive grounds that he has been trafficked.
2. Following a successful application for interim relief at a hearing on 27 March 2024 (AC-2024-LON-000481), he was moved to safe house accommodation in London pursuant to the Defendant’s Modern Slavery Victim Care Contract. The Claimant requires accommodation in London as he is vulnerable to further exploitation and his support network is based in London. He is suffering from mental illness.
3. The Claimant challenges the Defendant’s decision in a Recovery Needs Assessment dated 25 April 2024 that (i) asylum support accommodation under section 95 Immigration and Asylum Act 1999 is suitable accommodation for him; and (ii) the Claimant does not require the Recovery Rate support payments to meet his ongoing recovery needs. Asylum support accommodation is unlikely to be in London.
4. The decision is due to take effect by 31 July 2024, and therefore the matter is very urgent. The Claimant has experienced difficulties in filing this application for judicial review online. Therefore I have granted the application for an expedited timetable.
5. The Claimant also challenges the Defendant’s refusal, in the letter of 18 June 2024, to consider his reconsideration request, though I note that the Defendant states it has been reviewed and upheld.
6. I have granted an anonymity order. The Claimant is an asylum seeker and a victim of trafficking who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.