UNG -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-002983

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

In the matter of an application for permission to apply for judicial review

11 September 2024

Before:

The Honourable Mr Justice Lavender

Between:

The King
on the application of
UNG

-v-

Secretary of State for the Home Department

Anonymity order

On the applications by the Claimant for: (a) an order for anonymity; (b) an order for urgent consideration; and (c) permission to apply for judicial review

Following consideration of the documents lodged by the Claimant

ORDER by the Honourable Mr Justice Lavender

Potential Transfer

  1. Within 7 days of service of this order the parties must file and serve submissions on the question whether this claim should be transferred to the Upper Tribunal.

    Expedition

  2. Within 7 days of the later of: (a) the filing of the Acknowledgment of Service; or (b) the filing of the submissions required by paragraph 1 above, the papers will be placed before a judge, for consideration of the questions; (i) whether to transfer this claim; (ii) whether to grant permission; and/or (iii) whether to make a further order for expedition,

    Anonymity

  3. Pursuant to CPR Rule 39.2(4) no-one may publish in any newspaper, broadcast, social media or other media any name, address, image or other information tending to identify the Claimant as party to these proceedings.

  4. In any publication, broadcast, social media or other media relating to these proceedings, the Claimant shall be known by the letters UNG.

  5. Pursuant to CPR Rule 5.4C a person who is not a party to these proceedings may only obtain a copy of a Statement of Case, Judgment, Order or other document from the Court records if the document has been anonymised such that: (a) the Claimant is referred to as UNG; and (b) the address of the Claimant has been deleted.

  6. Insofar as any Statement of Case, Judgment, Order or other document to which anyone might have access pursuant to CPR Rule 5.4A-D has not been anonymised in accordance with paragraph 5 above, the Claimant’s Solicitors have permission to file with the Court an anonymised copy of that document, which is to be treated for all purposes as being in substitution for the relevant original, with the original being retained by the Court in a sealed envelope marked “not to be opened without the permission of a Judge or Master of the King’s Bench Division”.

  7. Any interested party, whether or not a party to the proceedings, may apply to the Court for an order setting aside, varying or discharging paragraphs 3 to 6 of this Order, provided that any such application is made on 7 working days’ notice to the Claimants’ Solicitors.


    Reasons

    1. Expedition is appropriate at this stage, given the consequences of the Defendant’s decision for the Claimant. It will be for the judge who next considers this case to decide what, if any, further direction for
    expedition should be made.

    2. Anonymity is necessary, given that the Claimant may be a victim of trafficking.

    3. However, it may be that this claim should have been started in the Upper Tribunal pursuant to the LCJ’s Direction on the jurisdiction of the Upper Tribunal, paragraph 1(i) of which includes any application for permission to apply for judicial review that calls into question a decision made under the Immigration Acts (as defined in Schedule 1 to the Interpretation Act 1978).

    4. The present claim calls into question a decision made under section 63 of the Nationality and Borders Act 2022, which is one of the Immigration Acts.

Signed: Nicholas Lavender

Dated: 11 September 2024