Claim number: CO1440/2023
In the High Court of Justice
King’s Bench Division
21 April 2023
The Honourable Mrs Justice McGowan DBE
The King on the application of
Secretary of State for the Home Department
On the Claimant’s application for urgent consideration and interim relief
Following consideration of the documents lodged by the Claimant and the email correspondence from the Defendant.
ORDER by the Honourable Mrs Justice McGowan DBE
- The Defendant must secure accommodation for the Claimant forthwith and until the determination of this claim or further order, pursuant to s.98 and/or 95 of the Immigration and Asylum Act 1999.
- The Defendant has liberty to apply to vary or discharge the order at paragraph 1 above on 72 hours written notice to the Claimant.
- Any application made under paragraph 2 is to be referred to a Deputy/High Court Judge for consideration on the papers within 24 hours after issue.
- The Claimant is entitled to anonymity in these proceedings and will be referred to as KZR.
- Costs reserved.
This is a mandatory injunction. Breach of paragraph 1 this order may give rise to contempt proceedings. Even if an application has been made under paragraph 2 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.
- There appears to be a live issue as to the Defendant’s duty to accommodate and support, he should be accommodated until resolution of that issue. Although there is reference to “complaints” made against the Claimant, they have not been substantiated (as at 3.15pm on 21.4.2023).