Claim number: CO/1038/2023
In the High Court of Justice
King’s Bench Division
21 March 2023
The Honourable Mrs Justice Lang DBE
The King on the application of
Secretary of State for the Home Department
On the Claimant’s application for urgent consideration and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
- 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 “NB”.
- 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.
- 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, other than with the leave of the Court.
- Within 14 days of the date of this order, the Defendant must file and serve an Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief.
- The application for interim relief is to be listed for hearing as soon as reasonably practicable after 11 April 2023, having regard to the availability of counsel. Time estimate: 2 hours.
- The parties are to inform the Administrative Court Office forthwith in the event that a hearing is no longer required.
- Liberty to apply to vary or discharge this order on 2 days notice to the other party.
- Costs reserved.
The Claimant, who is a national of Eritrea, is an asylum seeker. He challenges the decision of the Defendant, dated 9 or 11 December 2022, to detain him under immigration powers, and to fail to provide him with accommodation so that he can be released.
On 9 April 2021, following his conviction for sexual assault, he was sentenced to imprisonment for a term of 4 years and 8 months, and made subject to the Sex Offenders Register for life. Deportation proceedings have been commenced.
On 1 February 2023, the First-tier Tribunal granted him immigration bail, conditional upon securing suitable accommodation.
The Claimant is vulnerable. He has serious mental health problems with a history of self-harm and he has been recognised as an Adult at Risk Level 2.
On 20 February 2023, the Defendant granted the Claimant’s application for asylum support and accommodation, but an address has not yet been provided.
The Claimant seeks an interim relief hearing within 5 days of today, and for the Defendant to respond to the application within 3 days of today. That timetable is unrealistic. The Defendant must be given a fair opportunity to file her Acknowledgment of Service and a response to the application for interim relief. Also, the Court must find an available date for hearing, bearing in mind public and legal holidays over the Easter period. I have made provision for a realistic expedited timetable
I have granted an anonymity order. The Claimant is an asylum seeker who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.