MKA -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtQueen's Bench DivisionAnonymity Order
Case No: CO/2805/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
11 August 2022
Before:
The Honourable Mrs Justice Foster DBE
Between:
The Queen on the applciation of
MKA
-v-
Secretary of State for the Home Department
On an application by the Claimant for
(a) an Anonymity Order and
(b) expedition
Following consideration of the documents lodged by the Claimant and the Defendant’s letter dated 21 June 2022 in response to the Pre Action Protocol letter of the Claimant dated 7 June 2022
ORDER by the Honourable Mrs Justice Foster DBE
1. UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules
2. The Claimant shall hereinafter be referred to in these proceedings as MKA.
3. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as MKA.
4. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as MKA; and (b) that any reference to the name of the Claimant be deleted from those documents.
5. Any person affected by this Order may apply on notice to all parties to have this Order set aside or varied.
6. The requirement for an Acknowledgement of Service is dispensed with.
7. The Defendant do file such Grounds of Defence as she is advised to do by 4pm Wednesday 31 August 2022.
8. The application for permission to apply for judicial review is to be put before a judge or deputy judge of the High Court no later than 10am Wednesday 7 September 2022 for consideration of the application for permission on the papers.
Observations
1. This is a challenge to the decision on 21/07/2021 of the Defendant that the Claimant is ineligible for the ARAP scheme for Afghan relocations. Thereafter on 18 May 2022 the Defence Afghan Relocation and Resettlement (DARR) Review Panel upheld the decision that the Claimant did not fulfil the criteria for Categories 1, 2 or 4 of the ARAP. No further right of review exists.
2. The case is obviously reasonably urgent, and therefore abridgment of the process is required but, as the Claimant recognises, the Defendant should be afforded a proper opportunity to respond to the application and the generic points made about the approach to the interpretation of the Policy in this applicant’s case.
3. The Secretary of State will in the exercise of her duty of candour no doubt disclose the remaining relevant underlying materials (if any) supporting the decision-making. If not, appropriate application may be made.