Case No: CO/1485/2022
In the High Court of Justice
Queen’s Bench Division
16 May 2022
The Honourable Mr Justice Calver
on the application of OA
Secretary of State for the Home Department
On the Claimant’s application for directions for the hearing of an application for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Calver
1. The Claimant shall hereafter be referred to in these proceedings as “OA”, and pursuant to CPR 39.2 there shall be no publication of the name or address of the Claimant or any particulars of the case likely to lead to the identification of the Claimant without the leave of the court. This claim shall be referred to as R (OA) v Secretary of State for the Home Department. Non-parties to these proceedings may only obtain from the court records copies of statements of case or other documents if they are first anonymised in accordance with this order.
2. The Defendant shall by 4pm on Friday 20 May 2022, file and serve her Acknowledgement of Service and Summary Grounds of Defence. The Summary Grounds of Defence shall include the Defendant’s response to the Claimant’s application for interim relief (and shall also include any evidence relied on by the Defendant in response to that application), and shall stand as the Defendant’s Skeleton Argument for the hearing of the application for interim relief.
3. The Claimant has permission to serve a short reply to the Defendant’s response to the interim relief application (if so advised) by 4pm on Friday 27 May 2022.
4. The Claimant’s application for interim relief shall be listed for hearing on the first date available on or after 7 June 2022, with a time estimate of 2 hours.
5. The parties shall agree the contents of a bundle for the hearing of the application for interim relief. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The bundle shall be lodged with the Court not less than 24 hours before the date set for the hearing of the application.
1. The Claimant, who has serious mental health issues, contends that the Secretary of State, having agreed to provide accommodation and support to her and her children in exercise of her power under section 95 of the Immigration and Asylum Act 1999, has exercised that power unlawfully in that the accommodation provided in Feltham (one small hotel room for a family of four in a location far from the Claimant’s support services and her children’s school) is inadequate; in breach of the Defendant’s own policy; in breach of her rights under article 3 of the ECHR and unlawfully fails to consider the welfare of her 3 children.
2. The above directions are appropriate for the purposes of preparing for and disposing of the interim relief hearing, which I am satisfied requires to be heard as a matter of urgency.
3. I am satisfied that the case is suitable for the anonymity of the Claimant in particular in view of the nature of her asylum claim, her mental health issues and in order to protect the identity of her children.