OZY -v- Secretary of State for Defence and others (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-00937
In the High Court of Justice
King’s Bench Division
Administrative Court
20 March 2024
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
OZY
(ARAP Ref: 182368)
-v-
Secretary of State for Defence
Secretary of State for Foreign, Commonwealth and Development Affairs
and
Secretary of State for the Home Department
Y1
Y2 (a minor)
Y3 (a minor)
Y4 (a minor)
(Interested parties)
Order
On the Claimant’s application for anonymity, urgent consideration, disclosure, directions for an interim relief hearing and expedition;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant and the Second to Fifth Interested Parties (who are members of his family), nor any other particulars likely to lead to their identification. In the proceedings, the Claimant shall be anonymised and referred to as “OZY” and the Interested Parties shall be anonymised and referred to as Y1 to Y4.
2. Within 7 days from the date of service of this order, the Claimant’s solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant and family members, in accordance with paragraph 1 above.
3. 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 Claimant and family members, in accordance with paragraph 1 above.
4. The claim is to be expedited.
5. There shall be an oral hearing of the Claimant’s application for interim relief, to be listed as soon as possible from 15 April 2024 onwards. Time estimate: 2 hours.
6. Within 14 days from the date of service of this order, the Defendants shall:
a. file and serve their Acknowledgment of Service and Summary Grounds of Resistance, to include a response to the application for interim relief;
b. disclose such evidence as is relevant to the application for interim relief, in discharge of the duty of candour.
7. The Claimant may file a Reply within 7 days from the date of service of the documents referred to in paragraph 6 above.
8. The Claimant must file and serve an authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
9. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
10. Costs reserved.
Reasons
1. The Claimant worked with the UK Government in Afghanistan and as a result he is a target for attack by the Taliban.
2. The Claimant applied for relocation under ARAP in October 2022 and April 2023 but his applications have not been processed.
3. On the material before me, the Claimant has raised a prima facie case of unlawful delay in processing his applications. This justifies expedition and an urgent oral hearing for interim relief.
4. In my view, the timetable proposed by the Claimant is unrealistic and so I have adjusted it accordingly.
5. I have granted an anonymity order because the Claimant is at risk of serious injury or death at the hands of the Taliban in Afghanistan. In the circumstances, a departure from the general principle of open justice is justified.