OHU -v- Secretary of State for the Home Department (anonymity order)
Case No: CO/2509/2022
In the High Court of Justice
Queen’s Bench Division
Administrative Court
13 July 2022
Before
The Honourable Mrs Justice May
Between:
The Queen on the application of OHU
-v-
Secretary of State for the Home Department
On the Claimant’s application for urgent interim relief
Following consideration of the documents lodged by the Claimant and the Defendant
Order by the Honourable Mrs Justice May
1. The Claimant is to be anonymised and shall be referred to in these proceedings as “OHU”.
2. The Defendant is to file and serve a written response to this application for urgent interim relief by 4.00 pm on 20 July 2022.
3. If the Defendant fails to respond and/or if she declines to agree to provide interim accommodation and financial support as requested by the Claimant by that date, then the Claimant may renew this application for urgent interim relief at that time.
4. Either party may apply to discharge or vary this order upon giving 24 hours notice to the court and the other side.
Observations
The Claimant has been provided with accommodation until 25 July 2022, after which it is said that she will be street-homeless. Following her screening interview with the Defendant’s Asylum Intake Unit on 9 April 2022 she applied for asylum support and accommodation on 16 June 2022 but has heard nothing since. Nor has there been any response to the pre-action protocol letter sent by her solicitors on 24 June 2022 asking for a response by 4 July 2022. Judicial review proceedings were issued yesterday, on 12 July 2022.
I have doubts about whether the urgent procedure is appropriate for seeking to compel a response to an application for accommodation, in circumstances where the Claimant currently has accommodation for the next two weeks, until at least 25 July 2022.
Nevertheless I am prepared to order that the Defendant provide a response to the Claimant’s request for accommodation and support within a short time, so that the Defendant’s solicitors may ascertain whether it is necessary thereafter to re-new this application for interim relief.
I am satisfied that the interests of justice require an order for anonymity pursuant to CPR 39.2(4).