LB -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000631
In the High Court of Justice
King’s Bench Division
Administrative Court
28 February 2024
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
LB
-v-
Secretary of State for the Home Department
(HO Ref: MST/7986137)
Order
On the Claimant’s application for anonymity, urgent consideration 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 “LB”.
2. No later than 7 days after 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, without the leave of the Court.
4. The Defendant do file and serve an Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, no later than 7 days after service of the issued claim and supporting documents.
5. The application for interim relief and any other directions is to be considered by a Judge on the papers no later than 10 days after the filing of the Defendant’s Acknowledgment of Service and Summary Grounds of Resistance.
6. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
7. Costs reserved.
Reasons
1. The Claimant, who is a national of Ethiopia and an asylum seeker, seeks to challenge the Defendant’s decision to accommodate him at the former airbase, RAF Wethersfield, since November 2023. He claims that the Defendant is in breach of his duty under section 95 of the Immigration and Asylum Act 1999, because he is a victim of torture and mentally disabled, and so the location is not suitable for him.
2. The Claimant also challenges the lawfulness of the regime at RAF Wethersfield as it applies to vulnerable asylum seekers under the Defendant’s Allocation of Accommodation Policy.
3. The Defendant refused his request for a transfer to alternative accommodation in a decision letter dated 20 February 2024.
4. The Claimant now applies for a transfer to suitable accommodation by way of interim relief.
5. The claim was filed on the afternoon of Monday 26 February 2024. The Claimant applies for an order that the Defendant file a response no later than 12 noon on Thursday 29 February 2024, and that the Court consider his application for interim relief by Monday 4 March 2024. In my view, this timetable is unrealistic as it fails to give the Defendant or the Court sufficient time. I have made provision for a more realistic timetable, whilst still providing for urgent consideration, in view of his poor health.
6. I have ordered that the Defendant file an Acknowledgment of Service and Summary Grounds of Resistance as the Court requires a formal and fully reasoned response from the Defendant.
7. I have granted an anonymity order. The Claimant is an asylum seeker who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.