XA and others -v- Secretary of State for the Home Department (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1924/2023

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

25 May 2023

Before:

The Honourable Mrs Justice Lang DBE

Between:

The King on the application of

(1) XA
(Port Ref: AIC/7317953)
(2) XB
(Port Ref: AIC/7320403)
(3) XC
(4) XD
(a child by her litigation friend XA)

-v-

Secretary of State for the Home Department

and

(1) XE
(2) XF

(Interested parties)

Order

On the Claimants’ application for urgent consideration, expedition, interim relief, anonymity orders and directions;
Following consideration of the documents lodged by the Claimants;
Order by the Honourable Mrs Justice Lang DBE

  1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimants, the litigation friend, and the Interested Parties, nor any other particulars likely to lead to their identification. In the proceedings, the Claimants, the litigation friend, and the Interested Parties shall be anonymised and referred to by the initials set out in the title to this order.
  2. Within 7 days of the date of service of this order, the Claimants’ solicitors shall file with the Court copies of case documents which have been anonymised and/or redacted to protect the identity of the parties, in accordance with paragraph 1 above.
  3. 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 parties, in accordance with paragraph 1 above.
  4. The claim is certified fit for expedition.
  5. The Defendant shall file and serve her Acknowledgment of Service, Summary Grounds of Resistance, and a response to the application for interim relief, within 14 days from the date of service of the claim form upon her.
  6. The Defendant shall file and serve any relevant documents which are not included in the Claimants’ permission bundle, within 14 days from the date of service of the claim form upon her.
  7. The Claimants shall file and serve a Reply and any further evidence, if so advised, within 7 days from the date of service of the Defendant’s documents pursuant to paragraphs 4 and 5 above.
  8. The application for interim relief is to be listed for hearing as soon as possible from 19 June 2023 onwards. Time estimate: 2½ hours.
  9. The Claimants 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 Claimants in accordance with the Guidance on the Administrative Court website. The Claimants 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.
  10. Liberty to apply to vary or discharge this order on 2 days notice to the other parties.
  11. Costs reserved.

Reasons

  1. I have granted anonymity orders because the Claimants and Interested Parties are asylum seekers who claim to be at risk. In the circumstances, a departure from the general principle of open justice is justified.
  2. The Claimants challenge the continuing failure of the Defendant to provide adequate accommodation for the Claimants and Interested Parties, pursuant to section 95 of the Immigration and Asylum Act 1999.
  3. I accept that the claim ought to be expedited, in particular, because of the predicament of the disabled child, XD. However, the Court cannot make any order without giving the Defendant a fair opportunity to be heard. Because of the complexity of the case, an oral hearing will be required.
  4. In my view, the Claimants’ proposed timetable and directions are unrealistic. The Court will require a full response from the Defendant, and that is bound to take longer than 3 days. I have therefore abridged time for filing a response to 14 days after the date of service of the claim form. The Claimants then have a right to file a Reply and any further evidence, if so advised. The hearing will be listed as soon as possible after the case preparation is complete. I have dispensed with skeleton arguments, in order to save time.