SM -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-001789
In the High Court of Justice
King’s Bench Division
Administrative Court
29 May 2024
Before:
The Hon. Mr Justice Chamberlain
Between:
The King on the application of
SM
-v-
Secretary of State for the Home Department
Order
On the claimant’s application for urgent consideration, interim relief, expedition and directions
Following consideration of the documents lodged by the claimant
ORDER by the Hon. Mr Justice Chamberlain:
1. Anonymity:
a. Pursuant to the court’s inherent jurisdiction and 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. there is to be substituted for all purposes in these proceedings, in place of references to the claimant by name, and whether orally or in writing, the letters “SM”.
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, when filing any statement of case, also file a redacted copy of that statement of case, omitting the name, address and any other information which could lead to the identification of the claimant; and
ii. 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 to the Court, served on each party.
2. The application for expedition and directions in this claim is adjourned to be considered at a hearing, together with the question of directions in AC-2024-LON-001704 (“the Asylum Aid claim”), at 12 noon on Monday 3 June 2024.
3. By 10am on Thursday 30 May 2024, the claimant must file and serve a note explaining why interim relief to prevent the defendant from making a decision on the inadmissibility of his asylum claim is required at this stage, given the Government’s position that there will be no removals to Rwanda before the General Election on 4 July 2024.
4. The defendant may by 2pm on Thursday 30 May 2024 reply to that note, confining his response to the question whether interim relief in the form sought in paragraph 1 of the claimant’s draft order should be granted on paper until the conclusion of the hearing on 3 June 2024.
5. Thereafter, the papers are to be referred immediately to Chamberlain J for a decision on the papers whether to grant short-term interim relief (whether in the form sought or some other form) pending the conclusion of the hearing on Monday 3 June 2024.
6. At the hearing on Monday 3 June 2024, the Court will determine any application by the claimant for the continuation of that relief (if short-term relief has been granted) or any renewed application (if it has not).
7. By 10am on Monday 3 June 2024, the parties must file and serve a note explaining what directions they propose for the determination of this claim and, in particular, whether this claim should be determined together with the Asylum Aid claim.
Reasons
The claimant is an asylum seeker, so anonymity is appropriate at least for the time being, pending further consideration of the issue.
The claimant seeks interim relief to prevent the Home Secretary from making a decision on the admissibility of his asylum claim pending the determination of this claim for judicial review.
Leaving aside the merits of the claim (on which it would not be appropriate to say anything at this stage), it is at present unclear why that relief is necessary at this stage in circumstances where the Government has said that there will be no removals to Rwanda before the General Election on 4 July 2024.
Paragraphs 3-5 of this Order enable the claimant to file further submissions on that point and the defendant to reply to them, in time for a decision on the papers within the timescale sought by the claimant (48 hours from filing the Claim Form). Paragraph 6 provides for the court to give further consideration to the question of interim relief at an oral hearing at 12 noon on Monday 3 June 2024.
Paragraph 7 provides for the parties to set out their positions on the most convenient procedure for determining this claim, and on whether this claim should be determined together with the Asylum Aid claim. Those matters will also be considered at the oral hearing on Monday 3 June 2024.