Case No: CO/1876/2022
In the High Court of Justice
Queen’s Bench Division
1 June 2022
The Honourable Mr Justice Chamberlain
Secretary of State for the Home Department
On an application by the claimant for urgent consideration, anonymity and directions
Following consideration of the documents lodged by the claimant
ORDER by the Honourable Mr Justice Chamberlain
1. Pursuant to CPR 39.2 the claimant is to be referred to in these proceedings as “MA”. No report of these proceedings may include the name of the claimant or any information likely to identify him.
2. Time for the defendant to file and serve an Acknowledgement of Service is abridged to 4pm on Monday 13 June 2022.
3. The claimant may file and serve a reply by 4pm on Thursday 16 June 2022.
4. On Friday 17 June 2022 or as soon as possible thereafter, the papers are to be referred to the Judge in Charge of the Administrative Court, or another High Court Judge (not a Deputy), to consider (i) whether to grant permission to apply for judicial review and (ii) any appropriate directions.
5. Both parties have liberty to apply in writing to vary these directions. Any such application must be made on notice to the other party and is to be referred to a High Court Judge no less than 1 clear day after receipt.
This is a challenge to the defendant’s refusal to expedite consideration of his application under the ARAP Scheme. It is framed as a “systems” challenge and raises issues of potential significance to other applicants. The defendant must be allowed time to respond before permission is considered. However, she has already formulated a fairly detailed response in pre-action correspondence. Moreover, on the facts pleaded, the claimant is in real danger. Balancing these considerations, some expedition is warranted. Paragraph 2 reflects this, taking into account the forthcoming bank holidays.