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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim No: CO/3801/2022

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

17 October 2022

Before:

The Hon Mrs Justice Thornton DBE

Between:

The King
on the application of WHH (Sudan)
by his litigation friend Karris Hamilton

-v-

Secretary of State for the Home Department


Order (Interim Relief Directions)

UPON reading the Claimant’s application for judicial review, application for urgent consideration, and evidence lodged with those applications

IT IS ORDERED THAT

1. For the purposes of these proceedings the Claimant shall be referred to as WHH (Sudan).

2. No person shall disclose or publish any document relating to these proceedings in such a manner as to identity the Claimant, either directly or indirectly.

3. The Claimant’s application for interim relief/High Court bail shall be listed to be heard on 27 October 2022, before a High Court Judge, with a time estimate of 2 hours.

4. The Defendant shall file and serve a statement setting out her position on the application for interim relief/High Court bail by 10 am on Tuesday 25th October.

  1. The parties shall have liberty to apply on 24 hours’ notice to each other

Reasons

The Claimant is currently detained by the Defendant. He is 20 years old and has significant mental health problems (thought to be autism and schizophrenia). The Defendant appears to have recommended that he be released in March 2022. I am satisfied that anonymity is necessary to protect the Claimant’s interests given his vulnerabilities and on the basis his solicitors say he would have maintained a claim for asylum and international protection in the UK had it not been for what is said to be a lack of capacity. The Claimant is anonymised as WHH (Sudan) (in line with the Practice Guidance (Court of Appeal) Anonymity in Asylum and Immigration Cases) [2022] 1 WLR 2103). The case is appropriate for hearing by a High Court Judge.