Claim number: AC-2023-LON-003233
In the High Court of Justice
King’s Bench Division
31 October 2023
The Honourable Mrs Justice Lang DBE
The King on the application of
Secretary of State for the Home Department
(HO Ref: N3028737)
On the Claimant’s application for urgent consideration and interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
- 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 identification. In the proceedings, the Claimant shall be anonymised and referred to as “VTN”.
- The Claimant’s solicitors must file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
- Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
- The Defendant do file and serve a response to the application for interim relief within 7 days of the date of service of this order.
- The application for interim relief is to be considered by a Judge on the papers within 7 days of the filing of the Defendant’s response.
- 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. He also claims to be a victim of trafficking (both to and within the UK). In the circumstances, a departure from the general principle of open justice is justified.
- The Claimant is a Vietnam national who claims to have been trafficked into the UK on 31 May 2022. He claimed asylum on arrival.
- On 6 July 2023, he received a Negative Conclusive Grounds NRM trafficking decision.
- On 2 August 2023, he was convicted and sentenced to 8 months imprisonment for possession with intent to supply a Class B drug. He claimed that he was forced to work for the traffickers. Because of the time spent on remand, his custodial sentence was deemed to have been served by 3 August 2023, when he was transferred into immigration detention.
- He is subject to deportation proceedings as a result of his conviction.
- On 19 September 2023, the Defendant agreed to re-consider the Negative Conclusive Grounds decision.
- The Claimant has been assessed as an Adult At Risk Level 2 and is awaiting a mental health referral after reporting suicidal ideation.
- On 3 October 2023, the First-tier Tribunal (FTT) granted him bail on conditions, including a condition that he reside in accommodation provided by the Defendant and approved by the Probation Service.
- The Defendant has not provided accommodation and has not provided an explanation for her failure to do so.
- In the interests of fairness, the Defendant must be given an opportunity to respond before any substantive order is made. In my judgment, this is an urgent matter and the Defendant should respond to the application within 7 days. The Claimant’s application for an order for immediate release or an oral interim relief hearing will then be considered by a Judge on the papers within 7 days of the date of the filing of the Defendant’s response. In my view, these are the minimum timescales which can reasonably be imposed, given the other demands on the Defendant and the Court.