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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/0040/2023

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

Before:

The Honourable Mr Justice Sweeting

Between:

The King on the application of
X

-v-

Secretary of State for the Home Department

In the matter of an application for judicial review

On an application by the Claimant for interim relief

Following consideration of the documents lodged by the Claimant.

ORDER by the Honourable Mr Justice Sweeting

  1. The Claimant shall be anonymised in this claim, and referred to as “X”. No report or publication of these proceedings shall directly or indirectly identify the Claimant. Pursuant to CPR r.5.4(c), a person not a party to the proceedings may obtain a copy of the statement of case, judgment or order of the court records, only if the statement of case, judgment or order from the court has been anonymised.
  2. The Defendant shall move the Claimant and her children from their current accommodation, and relocate them to suitable, self-contained accommodation, by no later than midday on Friday 3 February 2023, pending the determination of her application for judicial review.
  3. Liberty to apply.
  4. Costs reserved

Reasons

I am satisfied that the claimant’s ex-husband has demonstrated that he knows where she is (including the number of the hotel room in which she is staying with her children) and has made a threat to kill her and kill her children. The claimant is in accommodation where, because of her public profile in the Middle East, she is easily recognised by other asylum seekers.

That is likely to remain the case if she is in hotel accommodation. There is a background of domestic violence and abuse. Her former husband is a powerful and well-connected man. There appears to be a firm foundation for her belief that could he travel to the UK or could send someone, or pay someone already in the UK, to harm her or her children. Her fear is increasing the severity of her PTSD symptoms and causing panic attacks. She is not able to secure her hotel room. She has been identified as a person at risk by her Independent Domestic Violence Advocate at Al-Hasaniya. Her children’s wellbeing is also affected. The defendant’s policy in relation to responding to reports of domestic abuse from asylum seekers is engaged. The claimant has a good arguable case that the defendant has failed to provide her with adequate and safe asylum support accommodation. The balance of convenience favours the grant of interim relief because of the risk to the claimant and her children. The defendant has been given sufficient notice of the interim relief application and has not responded. I have extended the period for the defendant to comply with this order beyond that sought in the application taking into account the practical steps which, as a matter of experience, will have to be taken by the defendant to comply with this order.

I consider that given the claimant’s vulnerability and status as an asylum seeker and the risks posed to her and her children, the publication of her identity may put her safety at risk and is likely to have adverse effects on her well-being and breach her article 8 rights under the EHCR. I have accordingly made an anonymity order.