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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-MAN-000155

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

28 May 2025

Before:

The Hon. Mrs Justice Hill DBE

Between:

The King on the application of
ANS

-v-

Secretary of State for the Home Department

and

NHS England
(Interested party)

Order

UPON consideration of the Claimant’s claim form seeking permission to apply for judicial review and application for anonymity

ORDER BY THE HON. MRS JUSTICE HILL DBE

  1. The Claimant is entitled to anonymity until further order. Any references to the Claimant, whether orally or in writing, in this claim must be substituted with “ANS”.
  2. Pursuant to CPR 39.2(4) and the Contempt of Court Act 1981, s.11 the publication or disclosure of the identity of the Claimant or of any material tending to identify them shall be prohibited.
  3. Any application by a non-party for access to documents on the court file under CPR 5.4C(1) and (3) must be made on 7 days’ notice to the parties, to allow for consideration of whether disclosure is appropriate. If any such application is approved, any document to be disclosed to a non-party must be redacted to reflect the cipher at [1] above.
  4. The Court’s CE-file system shall be clearly marked with the words “An anonymity order was made in this case on 27 May 2025 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that order.”
  5. The Defendant or any non-party affected by this anonymity order may on 7 days’ notice to set it aside or vary it.
  6. The costs of obtaining this order shall be costs in the case.
  7. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders dated 16 April 2019 a copy of this order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk

Reasons

  1. This is a judicial review claim involving an asylum seeker who is a medical professional. There is a presumption in favour of anonymity in cases involving asylum seekers, see Practice Note (Court of Appeal: Asylum and Immigration Cases) [2006] 1 WLR 2461. The claim will also require consideration of details relating to the Claimant’s health.
  2. I have applied the principles set out in XXX v London Borough of Camden [2020] 4 WLR 165. Having considered the Article 8 rights of the Claimant and the Article 10 right to freedom of expression, as well as the open justice principle, I am satisfied that (i) non-disclosure of the identity of the Claimant is strictly necessary in order to secure the proper administration of justice and protect their interests; and (ii) there is insufficient countervailing public interest in disclosure of the Claimant’s identity to justify interfering with their Article 8 rights.