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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case Number: CO/1770/2023

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

16 May 2023

In the matter of an application for judicial review

Before:
The Honourable Mrs Justice Foster DBE

Between:
The King on the application of MXA
-v-
Secretary of State for the Home Department

Anonymity Order

On the Claimant’s application for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant

AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant, pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules

ORDER by the Honourable Mrs Justice Foster DBE

  1. The Claimant shall hereinafter be referred to in these proceedings as MXA.
  2. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to the identification of the Claimant and the Claimant, if referred to, shall only be referred to as MXA.
  3. 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 MXA and (b) that any reference to the names of the Claimant be deleted from those documents.
  4. Any person affected by paragraphs 1 to 3 of this Order may apply on notice to all parties to have this Order set aside or varied.
  5. The Defendant must by 21.00 on 16 May 2023 until determination of permission on the papers or further order accommodate the Claimant forthwith.
  6. The Defendant has liberty to apply to vary or discharge the order at paragraph 5 above on 1 hour’s written notice by email to the Claimant and to the Court marked urgent for the OOH judge or Immediates’ Judge.
  7. Time for service of the Acknowledgement of Service is abridged to
    16.00 on 22 May 2023.
  8. The papers are thereafter to be put before a judge or deputy judge of the High Court as soon as reasonably practicable for further directions.
  9. Any application made under paragraph 2 is to be referred to a High Court Judge immediately after issue as set out.
  10. 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.

Reasons

  1. Given the urgency and in light of SSHD’s acceptance of her duties some days ago this man requires immediate housing. The Grounds (and yesterday’s PAP letter) assert that the Claimant is a national of Afghanistan, is a vulnerable adult, and suffers from anxiety and depression. He is prescribed Mirtazapine and Olanzapine. He also has pain and poor vision in both eyes. He has been street homeless since 26 April 2023. He made a second renewed application for asylum on 22 November 2019 and is awaiting a decision on his application. The Claimant also has an ankle tag as an immigration bail condition, and has to charge it every day – his friend has allowed him access to the property for one hour per day to do this. He has no accommodation at all from today otherwise.
  2. On Wednesday 3 May 2023 he applied for support under section 4 of the Immigration and Asylum Act 1999. Since 11 May, when it was granted, and despite efforts Claimant’s solicitor’s (witness statement of Caroline Bird dated 16 May 2023), the Respondent has not provided accommodation nor said when it might be provided so this Order is necessary. The Secretary of State may put in a response under the abridged timetable. The correspondence suggests he was told on 11 May to expect to be picked up and taken to accommodation that night, but he did not and has not since received any contact. Clearsprings said they had “only just received” the referral 5 pm on 15 May 2023 – and to date nothing has happened.

Signed:
Mrs Justice Foster DBE
Date: 16 May 2023