LN -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-001653
In the High Court of Justice
King’s Bench Division
Administrative Court
16 May 2024
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
LN
-v-
Secretary of State for the Home Department
(HO Ref: N3028606)
Order
On the Claimant’s application for urgent consideration, an anonymity order, 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 their identification. In the proceedings, the Claimant shall be anonymised and referred to as “LN”.
2. No later than 7 days from 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 do file and serve an Acknowledgment of Service and Summary Grounds of Defence, together with a response to the application for interim relief, no later than 23 May 2024.
5. The Claimant shall file and serve a Reply no later than 3 working days from the date of service of the Defendant’s documents, pursuant to paragraph 4 above.
6. The Claimant’s application for interim relief shall be considered by a Judge on the papers no later than 4 working days from the date of service of the Claimant’s Reply.
7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
8. Costs reserved.
Reasons
1. I have granted an anonymity order. The Claimant is an asylum seeker who claims that she is a victim of trafficking and torture. In the circumstances, a departure from the general principle of open justice is justified.
2. The Claimant’s application for asylum has been refused and the Defendant is seeking to deport her. However, no steps will be taken to remove her whilst the negative conclusive grounds decision in her trafficking claim is being reconsidered.
3. The Claimant was granted conditional bail on 27 November 2023 but the Defendant has failed to provide her with accommodation and so she continues to be detained. She has been classified as an Adult at Risk Level 3 as she suffers from PTSD, severe depression and anxiety. The Defendant has accepted its responsibility to provide accommodation under section 4 Immigration and Asylum Act 1999, but has not taken the necessary steps to implement secure accommodation for her.
4. In view of the Claimant’s fragile mental state, this is an urgent matter and I have made directions accordingly. I consider the Claimant’s proposed directions to be unrealistic as the Defendant must be given sufficient time to make a meaningful response to the claim. I anticipate that the Defendant’s response may be contentious, and therefore the Claimant will wish to file a Reply before the matter is considered by a Judge.