MZD -v- The Secretary of State for the Home Department

Administrative CourtHigh CourtKing's Bench DivisionOrder

Claim Number: AC-2024-LON-003025

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

10 September 2024

Before:
the Honourable Mr Justice Sheldon

Between:

The King on the application of
MZD

-v-

The Secretary of State for the Home Department

Order

On an application by the Claimant for interim relief
Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Sheldon

  1. The Claimant shall be referred to as “MZD” in these proceedings and the matter shall be listed as and known as “R (OAA MZD) v Secretary of State for the Home Department”.
  2. The publication of any information likely to identify the Claimant or his dependants is prohibited.
  3. The Defendant to file and serve submissions and evidence (if so advised) in response to the application for interim relief within 7 days of the date of this order.
  4. The application for interim relief to be determined by the Court at the earliest available date after filing of the material at paragraph 3 above.
  5. Costs reserved.

Signed: Mr Justice Sheldon

Reasons

  1. The Claimant is an asylum seeker from Iran. The Claimant and his two brothers have outstanding appeals of refusals of their asylum claims. They are all being accommodated in a share accommodation facility: they each have their own bedrooms, but share communal facilities with other men. The Claimant claims to have been subject to extreme Form JR-MPA. Judicial Review. Miscellaneous Paper Application. Version September 2020 violence and sexual abuse from an older male relative and his stepmother. The Claimant has produced an independent psychiatrist’s report which states that he Claimant suffers from moderate depressive disorder as well as PTSD. There is also recent evidence of selfharming and suicidal thoughts.
  2. In the circumstances, I consider that the Claimant’s request for anonymity in these proceedings is justified. The conduct of these proceedings will involve consideration of the Claimant’s health record and conditions, as well as allegations of abuse. This engages his Article 8 rights. There is no real public interest in knowing the
    Claimant’s identity, and the impact of publication on the Claimant outweighs the general public interest in open justice and transparency.
  3. The Claimant seeks interim relief: namely, an order that the Defendant provide him and his brothers with adequate accommodation together – either self-contained accommodation or a shared house — within a reasonable traveling distance from London.
  4. In circumstances where the Claimant’s mental and physical health arising from the nature of the accommodation where he and his brothers reside has been put in issue, and where there is evidence to suggest that his mental health may be deteriorating drastically, it is important that the application for interim relief be heard expeditiously.
    I do not consider that it would be appropriate, however, for the Court to make an order without hearing first from the Defendant. The Defendant may have something to say, for instance, about the quality of the evidence relating to the Claimant, especially as there does not appear to be any reference to mental health issues in the Claimant’s
    dealings with his GP. The Defendant may also have something to say about the nature of the current accommodation and the availability of the accommodation that the Claimant seeks.
  5. I consider that the most appropriate course of action is to direct the Defendant to provide submissions and evidence (if so advised) within 7 days of this order, and for the matter to be put before a judge as
    soon as possible thereafter to consider the application for interim relief. The judge may decide that the matter can be determined on the papers, or that an oral hearing is necessary.