NFG -v- Secretary of State for Defence and another (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case No: CO/3739/2022

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

21 October 2022

Before:

The Honourable Mrs Justice Heather Williams DBE

Between:

The King on the application of
NFG

-v-

1. Secretary of State for Defence

2. Secretary of State for the Home Department

On an application by the Claimant for anonymity and expedition
Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mrs Justice Heather Williams DBE

  1. The Claimant shall hereafter be referred to in these proceedings as NFG.
  2. 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 other details liable to lead to his identification and the Claimant, if referred to, shall only be referred to as NFG.
  3. Pursuant to CPR 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 document has been anonymised such that: (a) the Claimant is referred to in those documents only as NFG; and (b) any reference to the names of the Claimant and to any details likely to identify him have been deleted from those documents.
  4. Permission to the Claimant to file and serve, if so advised, a response to the Defendants’ Acknowledgement of Service and Summary Grounds of Defence (“AOS”) within 3 days of service of the Defendants’ AOS. If no response is relied upon, the Claimant is to confirm this in writing to the Defendants and the Court within 3 days of service of the AOS.
  5. The papers are to be placed before a Judge of the High Court for consideration of permission to apply for judicial review within 7 days of the end of the period referred to in paragraph 4 above (within 3 days of service of the AOS), or as soon thereafter as is practicable.
  6. Any person affected by paragraphs 1 – 3 of this Order may apply on 7 days written notice to the parties to have that part of the Order set aside or varied.
  7. Costs reserved.

Reasons

  1. In these proceedings, the Claimant challenges an ongoing failure to determine his application for relocation under the Afghan Relocations and Assistance Policy (“ARAP”).
  2. I am satisfied that it is necessary to grant the Claimant anonymity and to make orders pursuant to CPR 39.2(4) and 5.4C, given that the basis of his claim under ARAP is his ongoing risk from the Taliban, from whom he is currently in hiding in Afghanistan. In so concluding I have balanced his interests against considerations of open justice.
  3. I am also satisfied, given the subject matter of the claim, that a modest degree of expedition is appropriate as sought and that the Court is likely to be assisted by the Claimant’s response to the AOS when considering permission.
  4. However, I have not provided for additional expedition post-permission (if granted), as this is more appropriately addressed by the Judge who considers permission.