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

Administrative CourtAnonymity Order

Claim No: AC-2023-LON-002724

In the Administrative Court

17 October 2023

Before:

The Hon Mr Justice Eyre

Between:

The King on the application of
XMA

-v-

Secretary of State for the Home Department

Order

UPON the Claimant issuing an application for interim directions on 26th September 2023; and

UPON the order of Mr Justice Lane of 5th October 2023 directing that the Claimant’s interim relief application be listed for hearing, for 2 hours; and

UPON the interim relief application being listed for hearing by the court for 17th October 2023, before Mr Justice Eyre; and

UPON the Defendant communicating to the Claimant on 16th October 2023, that she does not oppose the grant of interim relief in this case; and

UPON the Defendant agreeing to arrange forthwith for the Salvation Army to conduct a risk assessment and to make an appropriate provision for any support for the claimant (pursuant to the risk assessment), absent special circumstances and

UPON the agreement of the parties as to paragraphs 1 – 5 and 7 -8 of the order

IT IS ORDERED THAT:

  1. The interim relief hearing listed for 17th October 2023 at 2pm be vacated.
  2. The Claimant shall be anonymised in this claim pursuant to CPR 39.4(2) such that he is referred to as “XMA” and any details that would identify him are protected from publication.
  3. The Defendant’s public order disqualification decision of 14th June 2023 is stayed until further order.
  4. The Defendant shall pay the Claimant’s reasonable costs of the application for interim relief, on the standard basis.
  5. The substantive claim for judicial review shall otherwise be stayed behind the lead claims of MAN & LAN v Secretary of State for the Home Department CO/2285/2023.
  6. The Claimant shall, within 14 days of the date on which the judgment of the Administrative Court in the lead cases is handed down, file and serve a note (a) indicating whether or not this claim will be pursued; and (b) if so, the grounds of challenge to be relied on. The Defendant shall file and serve any submissions in reply 14 days thereafter. The case will then be referred to a judge for consideration of such further directions as may be necessary.
  7. Costs of the claim for judicial review are reserved.
  8. Liberty to apply.