Case No: CO/2048/2022
In the High Court of Justice
Queen’s Bench Division
20 June 2022
The Honourable Mrs Justice Lang DBE
The Queen on the application of
Secretary of State for the Home Department
The Salvation Army
On the Claimant’s application for interim relief dated 20 June 2022;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Pursuant to CPR 39.2, in any report of these proceedings, no person shall publish the name, address or any other information likely to identify the Claimant, without the leave of the Court. The Claimant will be referred to by the initials NG in these proceedings.
2. The Defendant do provide emergency interim accommodation and support for the Claimant, within 48 hours of service of this order, until the date of the oral hearing referred to in paragraph 3 below, or further order.
3. The application for interim relief is to be listed for an oral hearing as soon as possible in the week commencing 4 July 2022 or the week commencing 11 July 2022. The application for permission to apply for judicial review should be determined on the same occasion. Time estimate: 2 hours.
4. The Defendant do file and serve her Acknowledgment of Service and Summary Grounds of Defence, together with a response to the application for interim relief dated 20 June 2022, no later than 10.00 am on 29 June 2022.
5. The Claimant do have permission to file a Reply or further evidence in response to the documents filed by the Defendant under paragraph 4, no later than 2 clear days before the hearing for interim relief.
6. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
7. Costs reserved.
This is a complex and unusual case. The Claimant is a failed asylum seeker who is no longer being accommodated by the Defendant. He has been housed by a charity but is no longer eligible for its accommodation. He is also a recognised victim of child trafficking but he has exited the National Referral Mechanism (“NRM”), and so the Defendant and the Interested Party (the Defendant’s service provider) state he is no longer eligible for accommodation.
The grounds appear arguable, but the position needs to be clarified with the assistance of the Defendant as soon as possible at an oral hearing. As the claim was issued on 9 June 2022 and served on 15 June 2022, it should be feasible for the Defendant to respond by 29 June 2022, and a hearing to take place in the weeks commencing 4 July 2022 or 11 July 2022.
The Claimant is vulnerable, destitute and street homeless, and so the balance of convenience lies in favour of the grant of accommodation, at least until the oral hearing.
An order for anonymity has been made as the Claimant contends he is a victim of trafficking. The risk of harm to him justifies a departure from the principle of open justice.