R on the application of AUR -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim no: AC-2024-LON-003394

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

In the matter of an application for judicial review

17 October 2024

Before:

Hon. Mr Justice Mould

Between:

The King
on the application of
AUR

-v-

Secretary of State for the Home Department

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ANONYMITY ORDER

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On an application by the Claimant for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant and the Defendant

ORDER by the Hon. Mr Justice Mould:

  1. Anonymity:
    (a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:
    (i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and
    (ii) the Claimant is to be referred to orally and in writing as AUR
    (b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings.
    (c) Pursuant to CPR 5.4C(4):
    (i) the parties must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;
    (ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
    (iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case
    (d) Any person wishing to vary or discharge this Order must make an application, served on each party.

2. Prohibitory injunction:
(a) The Defendant must not remove the Claimant from the United Kingdom until
further order.
(b) The Defendant may apply to vary or discharge paragraph 2(a) above, any such
application to be served on the Claimant.

THIS IS A PROHIBITORY INJUNCTION. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 2(b) ABOVE. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. SEE ADMINISTRATIVE COURT JUDICIAL REVIEW GUIDE 2024, §17.7.4

3. Abridgement of time and expedition:
(a) The Defendant’s Acknowledgement of Service (CPR 54.8) must be filed and served by 4pm on 28 October 2024. (b) Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4pm on 1
November 2024.
(c) The papers are to be referred to a judge or deputy judge for a decision whether
to grant permission to apply for judicial review as soon as possible thereafter.

REASONS

Anonymity: In the light of the current position of the Defendant that there are reasonable grounds for the Claimant’s claim that he is the victim of human trafficking and the facts on which he supports that claim, there are compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

Prohibitory injunction: As things stands on the papers before me, there is a real issue whether the positive reasonable grounds decision made yesterday (16 October 2024) ought properly to have caused the Defendant to postpone removal of the Claimant to Nigeria so as to allow a proper period of time for her to judge whether this was an appropriate case for public order disqualification. I write these reasons at 2.45pm on 17 October 2024. The Claimant is required to board a plane to Nigeria scheduled to depart at 10pm this evening. I am satisfied that the balance of convenience favours the grant of an order prohibiting removal until further order.

Abridgement of time/expedition: It is in the interests of both parties that the application for permission be dealt with quickly.