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United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments


You are here: BAILII >> Databases >> United Kingdom Immigration and Asylum (AIT/IAC) Unreported Judgments >> JR2025LON001670 [2025] UKAITUR JR2025LON001670 (29 May 2025)
URL: http://www.bailii.org/uk/cases/UKAITUR/2025/JR2025LON001670.html
Cite as: [2025] UKAITUR JR2025LON1670, [2025] UKAITUR JR2025LON001670

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IN THE UPPER TRIBUNAL

IMMIGRATION AND ASYLUM CHAMBER

Case no:

JR-2025-LON-001670

 

 

BEFORE: THE HONOURABLE MRS

JUSTICE DIAS

 

 

 

Amended 28 May 2025 under the slip rule

 

 

The KING

On the application of BY

Applicant

 

-v-

Respondent

SECRETARY OF STATE

FOR THE HOME DEPARTMENT

 

 

___________________________________

 

 

ORDER

 

28 May 2025

 

___________________________________

 

 

UPON the Applicant's Application for urgent interim relief

 

AND UPON reading the documents lodged in support of the Application

 

AND UPON hearing counsel for the Applicant

 

IT IS HEREBY ORDERED AND DIRECTED that:

 

1.              Anonymity is granted.

 

2.              The Respondent is prohibited from taking steps to remove the Applicant until the conclusion of the Judicial Review proceedings issued on 28 May 2025.

 

3.              Costs reserved.

 

 

BY ORDER OF THE COURT

 

Mrs Justice Dias DBE

 

Dated this 28 th day of May 2025

 

Reasons:

 

1.     It is accepted that Ground 2 of the Applicant's judicial review challenge has now fallen away in the light of the further negative reasonable grounds decision received this afternoon from the SSHD.

 

2.     Nonetheless, although that decision rejected the Applicant's account of torture and modern slavery, the medical report of Dr. Ali confirms there are serious issues to be tried both in this respect and as regards his fitness to fly.

 

3.     Moreover, the Applicant made further submissions on 27 May 2025 in relation to his asylum claim which have not so far been considered by SSHD. This is not a case where it can be said that the submissions were lodged so late that SSHD was given no reasonable time for consideration. Accordingly, para. 353A requires the Applicant not to be removed until those submissions have been considered.

 

4.     Damages would not be an adequate remedy for either party in this case and, given the nature of the risks facing the Applicant if his version of events is ultimately upheld, the balance of convenience is clearly in favour of granting an injunction preventing his removal pending determination of the judicial review proceedings.

 

5.     Given the politically sensitive nature of the evidence in this case, relating to both the allegations made and the Applicant's physical and mental condition, it is appropriate for anonymity to be granted. There is no compelling general public interest in knowing the identity of the Applicant.

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