February 6, 2024

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

Administrative Court High Court King's Bench Division Anonymity Order

Claim number: AC-2024-LON-000371

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

6 February 2024

Before:

Mr Justice Freedman

Between:

The King on the application of
YXH

-v-

Secretary of State for the Home Department

Order

UPON reading the Claimant’s bundle and application for urgent consideration;

AND UPON READING the Claimant’s application for a mandatory dispersal order to accommodation within the London Borough of Waltham Forest (“the Application”)

IT IS ORDERED THAT:

1. Pursuant to CPR 39.2(4), there be substituted for all purposes in this claim, in place of reference to the Claimant by name, and whether orally or in writing, reference to the letters “YXH”.

2. The Court file is to be retained by the Court and marked ‘Anonymised’. Any statement of case, judgment or order in this case must be anonymised, such that the Claimant is referred to as “YXH” and any identifying reference to the Claimant or the address of the Claimant or the children of the Claimant has been deleted from those documents.

3. The matter shall be listed as “R (on the application of YXH) v Secretary of State for the Home Department”.

4. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant. In particular, disclosure of the Claimant’s name or address is prohibited.

5. The Defendant do not move the Claimant and her family out of the hotel where they are residing at the time of the issue of the claim, pending the outcome of the inter partes hearing of the Application to be listed on Tuesday 13 February 2024 at 2pm or as soon thereafter as the Court can hear this case, time estimate 2 hours. Case to be heard by Freedman J if possible.

6. The Defendant shall provide a response to the Claimant’s application for interim relief by 4pm on Friday 9 February 2024.

7. Liberty to apply to discharge or vary this Order on 24 hours’ notice to the other party. Liberty to apply to any non-party affected by this order (including the press) to discharge or vary this Order on 24 hours’ notice to the parties.

8. This order should be published on the website of the Judiciary of England and Wales, pursuant to CPR r.39.2(5)

9. Cost reserved.

Observations

1. The Court is satisfied that anonymity is appropriate because the case concerns asylum seekers and their family including young and vulnerable children.

2. The name of the hotel has been omitted from the order because of the anonymity provision but its name and address is known to the parties and to the proprietor of the hotel.

3. The Court is satisfied that there is requisite urgency to make the above directions and for a hearing to take place on Tuesday 13 February 2024 at 2pm.

4. It is noted that on 18 January 2024, there has been a notice of an intention to move the family out of the hotel. As at the date of issuing the claim (5 February 2024), the family remain at the hotel but with no formal indication as to when or where they will be moved. The indication that has been given is that they will be given five days or less of that removal.

5. It is desirable that the current status quo remains until the hearing of the Application. This is in order to contain the number of removals of the family.

6. In the event that the removal of the family is sought prior to the hearing of the Application, then there is liberty to apply to discharge or vary this order. In that event, it may be necessary in that event, to bring forward the hearing of the Application.