RMO -v- Secretary of State for the Home Department

Administrative CourtHigh CourtKing's Bench DivisionOrder

Claim number: AC-2023-LON-000119

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

15 July 2024

Before:

Dexter Dias KC sitting as a Deputy High Court Judge

Between:

The King on the application of
RMO (anonymity granted)

-v-

Secretary of State for the Home Department


Order

Upon considering the materials filed by the Claimant and Defendant in support of their respective positions in this application for judicial review

And upon having heard oral submissions from Mr Galliver-Andrew of counsel and Mr Smith of counsel

IT IS ORDERED

1. The claim is allowed.

2, The defendant’s decision dated 20 December 2023 to refuse a request for accommodation to be provided in Norwich is quashed.

3. The defendant is mandated to remake his decision giving written reasons which directly address the points raised by the claimant, and in particular:
a. Whether temporary accommodation in Norwich can be provided until the end of the claimant’s one-year Master’s course at the University of East Anglia, Norwich, and if not, why not;
b. Whether the claimant’s Article 8 rights are engaged, and if so, what is the defendant’s proportionality analysis.

4. The defendant is restrained from taking steps to disperse the claimant from Norwich until 14 days after service of the sealed order.

5. The defendant to pay the claimant’s costs on the standard basis, to be subject to detailed assessment if not agreed.