Claim number: AC-2023-LON-002763
In the High Court of Justice
King’s Bench Division
26 September 2023
Mr Justice Johnson
The King on the application of
Secretary of State for the Home Department
On the claimant’s application for urgent consideration and interim relief
Following consideration of the documents lodged by the claimant
ORDER by Mr Justice Johnson
- The claimant shall, until the application for permission to claim judicial review is determined, be referred to in these proceedings as PXL. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as PXL; and (b) that any reference to the names of the Claimant be deleted from those documents.
- The defendant must by noon on 6 October 2023, and until further order, provide accommodation and support to the claimant pursuant to section 4 Immigration and Asylum Act 1999 and her decision of 29 July 2023.
- The defendant has liberty to apply to vary or discharge the order at paragraph 1 above on 1 working day’s written notice to the claimant. If the defendant wishes the application to be determined before paragraph 1 takes effect, then the application must be made by 4pm on 29 September 2023.
- Any application made under paragraph 2 is to be referred to a judge or deputy judge for consideration within 1 working day of issue.
- Costs reserved.
This is a mandatory injunction. Breach of paragraph 1 this order may give rise to contempt proceedings. Even if an application has been made under paragraph 2 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.
The claimant is street homeless. The defendant has already agreed to provide accommodation, but has not yet honoured that agreement. Nor has the defendant responded to this application, which was made a week ago. In the meantime, the claimant continues to live in conditions of destitution. I am satisfied that he has a sufficiently strong case to merit the grant of interim relief, and that the balance of convenience favours the grant of interim relief. I have set a timetable which will allow the defendant, if she wishes to do so, to apply to vary or set aside the order, and for any such application, before the mandatory order takes effect. The claimant has sought anonymity. I have granted anonymity in order to preserve the position pending determination of the application for permission
to claim judicial review, but the application for anonymity thereafter will need to be separately considered at that point.