TXR -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order
Case number: 000099
In the High Court of Justice
King’s Bench Division
Administrative Court
In the matter of an application for judicial review
13 January 2025
Before:
the Honourable Mrs Justice Lang DBE
The King
on the application of
TXR
-v-
Secretary of State for the Home Department
(HO Ref: G1231246)
Order
On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
- Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
a. The name of the Claimant is to be withheld from the public and must not be disclosed in any proceedings in public.
b. The Claimant is to be referred to orally and in writing as “TXR”.
- Pursuant to section 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.
- Pursuant to CPR 5.4C:
a. Within 7 days of the date of service of this order, the parties must file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;
b. If any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
c. Unless the Court grants permission under CPR 5.4C(6), no non- party may obtain a copy of any unredacted statement of case.
- The Claimant’s electronic permission bundle has repeated faults which are impeding its use. A fresh electronic bundle must be filed and the Claimant must lodge a hard-copy version of the permission bundle at the Administrative Court Office by 20 January 2025, in case the second electronic bundle is faulty as well.
- The Defendant’s Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, must be filed and served by 24 January 2025.
- The Defendant must file and serve an indexed and paginated bundle of all relevant documents in its possession or control relating to the Claimant which are not already included in the Claimant’s bundle, by 24 January 2025.
- Any Reply from the Claimant must be filed and served by 29 January 2025.
- The application for permission to apply for judicial review and interim relief is to be listed for a hearing to be fixed as soon as possible from 3 February 2025 onwards. Time estimate: 3 hours.
- The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
- Liberty to apply to vary or discharge this order on 2 days notice to the other party.
- Costs reserved.
Reasons
- 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 seeks to challenge the Defendant’s decision to detain him on 25 November 2024, and to continue to detain him following a grant of bail in principle, subject to the provision of accommodation, by the First-tier Tribunal on 30 December 2024.
- This is a complex case and therefore the Defendant will require more time to prepare its response, including disclosure, than the Claimant proposes. In summary, the Claimant has a lengthy immigration history and is facing deportation. He has an outstanding asylum application. The NRM has found conclusive grounds of trafficking. He has a history of mental illness and there is medical evidence that detention may harm his mental health.
Signed: Mrs Justice Lang
Dated: 13 January 2025