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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-002259

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

11 July 2025

Before:

The Hon. Mr Justice Bourne

Between:

The King on the application of
BCU

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant

ORDER by the Hon. Mr Justice Bourne:

  1. Anonymity:
    (a) Under the Court’s inherent jurisdiction and pursuant to s. 6 of the Human Rights Act 1998:
    (i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and
    (ii) the Claimant is to be referred to orally and in writing as BCU.
    (b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with these proceedings.
    (c) Pursuant to CPR 5.4C(4):
    (i) the parties must within 7 days file and serve a redacted copy of any statement of case already filed, omitting the name, address and any other information likely to lead to the identification of the Claimant;
    (ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, a redacted copy omitting that information must be filed at the same time and must then be served with the unredacted version;
    (iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.
    (d) Any person wishing to vary or discharge this Order must make an application, served on each party.
  2. Mandatory injunction:
    (a) By 4pm on 18 July 2025 the Defendant must identify suitable accommodation for the Claimant.
    (b) By 4pm on 25 July 2025 the Defendant must release the Claimant from detention.
    (c) The Defendant may apply on 24 hours’ notice to vary or discharge paragraphs 2(a) and 2(b) above, any such application to be served on each party.
    THIS IS A MANDATORY INJUNCTION. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 2(b) ABOVE. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. SEE ADMINISTRATIVE COURT JUDICIAL REVIEW GUIDE 2024, §17.7.4
  3. Costs reserved.

Reasons

Anonymity: On the information available to the Court an anonymity order is necessary to protect the safety of the Claimant who is believed to be a victim of torture. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.

Mandatory injunction: On the information available to the Court on this without notice application there is a strong prima facie case for a mandatory injunction on the basis that any “grace period” following the Defendant’s bail decision on 9 June 2025 has expired or is about to expire. But if there are reasons to the contrary the Defendant can apply for this order to be varied or set aside.