OO -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2024-LON-001031

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

26 March 2024

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of
OO
OA
(a child by his mother MA)

-v-

Secretary of State for the Home Department

and

MA
(interested party)

Order

On the Claimants’ application for urgent consideration and interim relief;
Following consideration of the documents lodged by the Claimants;

Order by the Honourable Mrs Justice Lang DBE

  1. There shall be a stay on the removal of the First Claimant from the United Kingdom until the determination of the permission application or further order.
  2. The Defendant shall file and serve an Acknowledgment of Service, Summary Grounds of Resistance and a response to the application for interim relief, together with any relevant evidence disclosed pursuant to the duty of candour, no later than 14 days from the date of this order.
  3. The Claimants shall file and serve a Reply no later than 7 days from the date of service of the Defendant’s documents, under paragraph 2 above.
  4. The application for interim relief shall be considered by a Judge on the papers no later than 7 days from the date of service of the Claimants’ Reply.
  5. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimants, the Interested Party and the litigation friend, nor any other particulars likely to lead to their identification. The parties shall be anonymised and referred to by the initials set out in the title to this order.
  6. No later than 14 days from the date of this order, the Claimants’ solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the parties, in accordance with paragraph 5 above.
  7. 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 parties, in accordance with paragraph 5 above.
  8. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  9. Costs reserved.

Reasons

  1. An order of anonymity has been granted because OA is a minor.
  2. OO and MA state they are married and OA is the son of MA. They are nationals of Nigeria. MA is working in the UK, on a skilled visa. When OO and OA arrived at Heathrow airport on 8 March 2024, they were detained and their leave to enter was cancelled. OA was subsequently released but OO is still detained. They seek to challenge the cancellation of leave and the detention.
  3. The claim was issued today. The First Claimant seeks an order for immediate release from detention. However, as a matter of procedural fairness, the Defendant must be given an opportunity to respond to the challenge before an order is made, and the Court will wish to consider the Defendant’s justification for the decisions made. I have abridged time for the filing of an Acknowledgment of Service and a response to 14 days in view of the urgency of the matter. I do not consider that a shorter time period would be realistic, in view of the Defendant’s substantial case load and the public holidays over Easter.
  4. Generally an application for immigration bail should be made to the First-tier Tribunal before an application is made to the High Court.
  5. Removal directions have been made for OO for tomorrow, 27 March 2024. OO’s solicitors have not applied for a stay on removal on the basis that the Home Office will normally defer removal where a claim has been served. However, there were delays in issuing this claim and I do not know if it has been served. To avoid a last minute emergency application to Court tonight or tomorrow, I have made an order granting a stay. I am satisfied that there are arguable grounds and the balance of convenience lies in favour of the grant of a stay, and for the family to remain together in the UK, while the claim is considered.