MB -v- Secretary of State for Foreign, Commonwealth and Development Affairs (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/962/2023

In the High Court of Justice
King’s Bench Division
Administrative Court

25 May 2023

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
MB

-v-

Secretary of State for Foreign, Commonwealth and Development Affairs

Order

Notification of the Judge’s decision on the application for permission to apply for judicial review (CPR 54.11, 54.12)
Following consideration of the documents lodged by the Claimant and the Acknowledgment of service filed by the Defendant;
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 “MB”.
  2. Within 14 days from the date 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 application for permission to apply for judicial review is granted.
  5. Pursuant to CPR r. 3.1(2)(h), this claim is to be linked, for the purposes of administration and hearing, with the claims listed in the Annex to this order.
  6. The claim is certified as fit for expedition, and to be listed for hearing in either September or October 2023. The hearing is to be listed for 3 days; the parties to provide a written time estimate within 7 days of service of this order if they disagree with this direction.
  7. The Claimant is granted an extension of time to 14 March 2023 to file the claim in respect of the Defendant’s decision dated 25 October 2022.
  8. The Claimant is granted permission to rely upon his Reply, and the evidence served with the Reply.
  9. Case not suitable for hearing by a Deputy High Court Judge.
  10. Venue: London.
  11. Costs in the case.

Case Management Directions

  1. The Defendant and any other person served with the Claim Form who wishes to contest the claim or support it on additional grounds shall, within 35 days of the date of service of this Order, file and serve (a) Detailed Grounds for contesting the claim or supporting it on additional grounds, and (b) any written evidence that is to be relied on.
  2. Any application by the Claimant for disclosure or for further information must be made within 7 days from the date on which the Defendant’s evidence is filed and served.
  3. The Claimant may file and serve any Reply and any further evidence
    within 21 days of the date of service of the Detailed Grounds and/or
    evidence.
  4. The Claimant must file and serve an agreed hearing bundle, not less than 21 days before the date of the hearing. The electronic version of the bundle shall be prepared and lodged by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge two hard-copy versions of the hearing bundle at the Administrative Court Office, not less than 21 days before the date of the hearing.
  5. The Claimant must file and serve a Skeleton Argument not less than 21 days before the date of the hearing.
  6. The Defendant must file and serve a Skeleton Argument not less than 14 days before the date of the hearing.
  7. The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
  8. The parties may file and serve consolidated pleadings and bundles, as they think fit.
  9. If the Claimants do not object, they may be referred to by their Claimant numbers, as set out in the Annex to this order.

Observations:

  1. The Claimant has raised arguable grounds which merit consideration at a full hearing.
  2. The 9 claims listed in the Annex to this order raise similar factual and legal issues. Although it is not appropriate to consolidate them, they should be linked for the purposes of administration and hearing, in furtherance of the overriding objective.
  3. I have granted an anonymity order as the Claimant is at risk of harm at the hands of the Taliban. In the circumstances, a departure from the general principle of open justice is justified.
  4. The claim ought to be expedited for hearing because the Claimant is at risk of harm.
  5. I have granted the Claimant permission to rely upon his Reply, as it is relevant to the issues in the claim. It does not require an amendment to the Statement of Facts and Grounds.
  6. I have granted an extension of time for filing the claim in respect of the decision of 25 October 2022 (should it be needed) since it was appropriate and reasonable for the Claimant to seek a Cohort Eligibility Check Request, which in turn led to the decision of 14 December 2022, which is challenged in this claim.