Case No: CO/4431/2022
In the High Court of Justice
King’s Bench Division
25 November 2022
The Honourable Mrs Justice Lang DBE
The King on the application of RR
Secretary of State for the Home Department
On the Claimant’s application for an anonymity order, abridgement of time for filing of the Acknowledgment of Service, expedition and interim relief;
Following consideration of the documents lodged by the Claimant;
- 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/her identification. In the proceedings, the Claimant shall be anonymised and referred to as “RR”.
- The Defendant do file and serve an Acknowledgment of Service, and Summary Grounds of Resistance, addressing the application for interim relief, within 14 days of the date of this order.
- The applications for permission and interim relief are to be placed before a Judge on the papers within 5 working days of the filing of the Acknowledgment of Service.
- Liberty to apply to vary or discharge this order on 2 days notice to the other party.
- Costs reserved.
I have granted an anonymity order. The Claimant is an asylum seeker who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.
The Claimant and his family have been living in unsuitable hotel accommodation since April 2022, pursuant to section 95 of the Immigration and Asylum Act 1999, and they seek dispersal to more suitable accommodation.
The Claimant is disabled due to a gunshot wound, and has fallen and hurt himself on the stairs leading to his room, which have no bannisters. He has difficulty getting in and out of the bunk bed. His wife is suffering from anxiety and depression. The two rooms are overcrowded for a family of 7.
The Defendant has conceded that the Claimant and his family should be dispersed, because of their health and vulnerability, in a pre-action response letter dated 15 October 2022. The letter states that the dispersal request has been marked as urgent, and it is hoped to achieve a move by 27 October 2022. However, nothing more has been heard from the Defendant, despite frequent chasing.
If the claim is defended, the Claimant seeks an urgent oral hearing. That will be a matter for the next Judge to consider once the AoS has been filed. If the Defendant makes proposals for settlement, the Claimant’s solicitors should inform the Court whether or not they are agreed.