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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-000552

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

19 February 2024

Before:

The Honourable Mr Justice Mould

Between:

The King on the application of
MST

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent consideration and for anonymity pursuant to CPR 39.2(4)

Following consideration of the documents lodged by the Claimant in support of his applications (including in particular form N463 and its attachments, the Claimant’s statement of facts and grounds and pre-action correspondence between the parties)

ORDER by the Honourable Mr Justice Mould

1. The Defendant shall file and serve a response to the application for interim relief by 12.00 noon on Friday 23rd February 2024.

2. By no later than Monday 26th February 2024, the application for interim relief shall be placed before a judge for consideration on the papers.

3. Liberty to both parties to apply to vary the terms of this order.

4. Pursuant to CPR 39.2(4), anonymity is granted to the Claimant in the terms of the schedule attached to this order.

5. Costs reserved.

Reasons

1. The Claimant is an Eritrean national who claimed asylum in the UK in early September 2023. Since that time he has been accommodated pending the determination of his asylum claim at the former MOD site at Wethersfield. He seeks to challenge the decision to allocate him to be accommodated at Wethersfield and claims that the Defendant continues to act unlawfully in failing to move him to suitable accommodation elsewhere. Since the New Year the Claimant has apparently suffered from serious physical and mental ill-health, including being taken to hospital for emergency treatment. There is clinical evidence which supports his claim that his continuing accommodation at Wethersfield is causing his mental and physical health to deteriorate. The Defendant appears to accept that there is a need to review the suitability of Wethersfield given the Claimant’s health problems, but that review remains outstanding.

2. I am satisfied that the Claimant’s case now has a clear measure of urgency and have made appropriate directions for the early determination of the application for interim relief on an inter partes basis on the papers.