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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1222/2023

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

4 April 2023

Before:

The Honourable Mr Justice Kerr

Between:

The King on the application of
R (K)

-v-

Secretary of State for the Home Department

Order

On the application of the claimant for urgent consideration and interim relief
Following consideration of the permission bundle and supplementary bundle filed by the claimant
Order by the Honourable Mr Justice Kerr

  1. The application for interim relief is refused at this stage but may be further considered by the judge dealing with permission.
  2. The application to abridge time for service of the AOS is refused.
  3. The papers should be placed before a judge of this court as soon as possible after the AOS has been filed within the normal time limit allowed under the rules.
  4. The application for anonymity is granted at this stage, up to the date of consideration by the judge dealing with permission when it may be further considered by that judge.

Observations

(1) The urgency on which the claimant relies is of his own making. The claimant has had Dr Galappathie’s report since November 2022 and his solicitors admit to having corresponded with the defendant since December 2022 and appreciated the need then to make an urgent application to the court.
(2) Yet the application is made months later. It is not fair now to deprive the defendant of the normal amount of time for preparing and filing its AOS; nor to grant interim relief without giving the defendant an opportunity to be heard first.
(3) I am also concerned about the public interest since the claimant’s history of offending includes public order offences and carrying a knife in a public place. The case for interim relief does not look especially strong; cf. Judge Moore’s (FTT’s) refusal of immigration bail on 16.12.22 (supplementary bundle p.113-114) and the reasons there given.
(4) There is evidence that the defendant will consider ongoing detention soon. The defendant would do well to include its assessment of ongoing detention when filing its AOS, in line with the letter of 14.3.23 at page 210 of the first permission bundle. The 7 day self-imposed deadline has expired.