SH -v- Secretary of State for the Home Department

Administrative CourtHigh CourtKing's Bench DivisionOrder

Claim number: AC-2024-LON-001927

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

and in relation to cases in the Upper Tribunal (Immigration and Asylum Chamber)

31 July 2024

Before:

The Honourable Mrs Justice Collins Rice DBE CB (sitting as a Judge of both the High Court and the Upper Tribunal)

Between:

R (on the application of SH)

-v-

Secretary of State for the Home Department

Order

UPON the Claimant’s application for permission for judicial review, by claim form filed on 7th June 2024;

FURTHER TO the Order of Chamberlain J dated 11th June 2024;

AND FURTHER TO the Order made on 19 July in AC-2024-LON-001355 R (AMX) v Secretary of State for the Home Department by Collins Rice J sitting as a Judge of both the High Court and the Upper Tribunal and as amended on 24 July 2024 (the “Withdrawal Terms Order”);

UPON the Defendant confirming that (to the extent not otherwise disposed of) the Claimant’s claim falls within the scope of the Withdrawal Terms Order, and that she has sought to comply with paragraph 6 of the Withdrawal Terms Order by serving the Claimant’s legal representatives as directed;

AND UPON the Claimant’s legal representatives notifying the Court by email dated 24th July 2024 that they are without instructions as regards the sixth recital and paragraph 7 of the Withdrawal Terms Order;

AND UPON the legal representatives of the Claimant and Defendant confirming by email dated 30th July 2024 that they have no objection to directions in the following terms:

NOW IT IS ORDERED AND DIRECTED:

  1. The Claimant must, by 4pm on 31st October 2024, file and serve either:
    a. a request to be added to the schedule to the Withdrawal Terms Order, accompanied by a signed consent order in the form attached to this Order, or
    b. an explanation as to why the claim is not to be settled on the same terms as those set out in the Withdrawal Terms Order.
  2. Failure to comply with paragraph 1 will result in the Claimant’s application for permission for judicial review being automatically struck out in its entirety.

Observations

Time to comply with paragraph 7 of the Withdrawal Terms Order has been extended in this case to give the Claimant a full, fair and enhanced opportunity to engage with the settlement regime set out in the Withdrawal Terms Order and to give instruction. Continuing failure to do so will, in pursuance of the overriding objective of enabling the court to deal with the totality of these similar cases justly and at proportionate cost, result in the automatic termination of these judicial review proceedings, on the basis that they appear to have been rendered academic by the Defendant’s position, as set out in the Withdrawal Terms Order.

Draft Consent order

UPON the order made on 19 July 2024 in AC-2024-LON-001355 R (AMX) v Secretary of State for the Home Department by Collins Rice J sitting as a Judge of both the High Court and the Upper Tribunal and as amended on 24 July 2024 (the “Withdrawal Terms Order”);

AND UPON the Claimant making an application pursuant to paragraph 7 of the Withdrawal Terms Order to be added to the schedule of the order such that their claim be settled on the same terms;

AND UPON the Defendant agreeing to the application:

BY CONSENT IT IS ORDERED THAT:

The Claimant’s claim is added to the schedule to the Withdrawal Terms Order.