MS -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-000441

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

9 April 2024

Before:

Mr Jonathan Glasson KC sitting as a Deputy Judge of the High Court

Between:

The King on the application of
MS

-v-

Secretary of State for the Home Department

Order

Following consideration of the documents lodged by the Claimant and the Acknowledgement of Service filed by the Defendant.

ORDER by Mr Jonathan Glasson KC sitting as a Deputy Judge of the High Court

  1. The Claimant’s application for an anonymity order is granted under CPR r 39.2(4).
  2. The Claimant in this case and his dependant family members shall have anonymity until further order. No report or publication of these proceedings shall directly or indirectly identify the Claimant and his dependant family members.
  3. Pursuant to CPR r.5.4C, a person not a party to the proceedings may obtain a copy of the statement of case, judgment or order of the court records, only if the statement of case, judgment or order from the court has been anonymised. In the case title, the Claimant’s name shall be replaced by the initials ‘MS’. Failure to comply with this direction could lead to contempt of Court proceedings.
  4. Liberty to apply to vary the anonymity provisions above by a non-party on 48 hours’ notice to the parties.
  5. The application for permission to apply for judicial review is adjourned and will be listed for hearing in court, on notice to the Defendant, as soon as possible after 22 April 2024 time estimate 1 hour.
  6. The parties are to provide a written estimate within 3 days of service of this Order if they disagree with the estimate at 5 above.
  7. The Claimant must file and serve a Skeleton Argument not less than 5 days before the date of the hearing.
  8. The Defendant must file and serve a Skeleton Argument not less than 3 days before the date of the hearing.

Observations

  1. The Claimant is an asylum seeker. Those seeking asylum are afforded anonymity during the application process and any ensuing appeal.
  2. I am satisfied that in the circumstances of this case that the publication of the Claimant’s name in connection with the proceedings would constitute an interference with the Claimant’s right to respect for his private life under Article 8 ECHR in light of the nature of the issues in the claim as well as potentially compromise his protection claim.
  3. I am satisfied that there is not sufficient general public interest to outweigh the Claimant’s rights under CPR 39.2(4) and therefore I grant anonymity.
  4. The Claimant has applied for an order that “pending determination of this application for judicial review or further order, the Defendant shall, within no less than 7 days from the date of this order, relocate the Claimant and his dependents to adequate, self-contained, non-hotel, dispersal accommodation as required under s.95 of the Immigration and Asylum Act 1999”.
  5. The court would be assisted by hearing oral argument, particularly in respect of the balance of convenience, before determining the application for interim relief. At the same time the Court can determine permission.