Case Reference: CO/1222/2023
In the High Court of Justice
King’s Bench Division
4 May 2023
Honourable Mrs Justice Lang DBE
In the matter of an application for judicial review The King
On The Application Of
Secretary Of State For The Home Department (Ho Ref: R1283099)
On the Claimant’s application for an anonymity direction; permission to amend the Statement of Facts and Grounds; permission to apply for judicial review; expedition and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
- 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, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “RK”. This order may be further considered by the Judge who determines the permission application.
- The claim is fit for expedition.
- The application for permission to apply for judicial review, and the application for interim relief, is to be determined by a Judge at a hearing to be listed in June 2023. Time estimate: 3 hours.
- The Claimant is granted permission to amend the Statement of Facts and Grounds in terms of the draft attached to the application dated 4 May 2023. The Amended Statement of Facts and Grounds is to be served on the Defendant as soon as possible.
- The Defendant is to file and serve an Acknowledgment of Service and Summary Grounds of Resistance, together with a response to the application for interim relief, within 7 days from the date of this order.
- The Defendant is to file and serve a bundle of any relevant documents which have not been included in the Claimant’s bundles, within 7 days from the date of this order.
- The Claimant is to file and serve a Reply to the documents filed by the Defendant under paragraphs 5 and 6 above within 7 days from the date of service thereof.
- The Claimant is to file and serve a further hearing bundle, containing any relevant material in his possession which is not included in the previous bundles, not less than 7 days before the date of the hearing.
- The Claimant is to file and serve a joint bundle of authorities, not less than 7 days before the date of the hearing.
- The electronic versions of the bundle shall be prepared and lodged by the Claimant in accordance with the Guidance on the Administrative Court website.
- Liberty to apply to vary or discharge this order on 2 days notice to the other party.
- Costs reserved.
- Kerr J. granted an anonymity order in his order of 4 April 2023, subject to further consideration by the permission judge, but without specifying the form which the anonymity order should take. I have made a further order, in similar terms, addressing that omission.
- There have been some developments since Kerr J.’s order of 4 April 2023.
- The First-tier Tribunal granted the Claimant bail in principle on 14 April 2023, subject to the provision of accommodation. The Defendant was given 14 days to source accommodation. On a paper review on 28 April 2023, bail was granted again with a 28 day review period.
- On 21 April 2023, the Defendant conceded that the deportation decision on 12 October 2022 was unlawful, and revoked it on 12 April 2023. It has been replaced by a new Stage 1 deportation decision on which representations are invited.
- On the evidence, it seems highly unlikely that the Claimant will be removed to Iraq in the near future.
- The Claimant relies on medical evidence supporting a diagnosis of mental illness, as a result of which he is not fit for detention. It is contended that he is an Adult at Risk Level 3.
- The Claimant has now been in detention for more than 8 months.
- The Defendant has not filed her Acknowledgment of Service, although the claim was issued for service on 4 April 2023. Nor has the Defendant indicated if or when she will provide accommodation, so as to enable the grant of bail to take effect.
- These factors all point towards the need for an urgent oral hearing.
- The Claimant’s application to amend the Statement of Facts and Grounds is granted as it includes essential updating.
Signed: Mrs Justice Lang
Dated: 4 May 2023