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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-002310

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

28 July 2025

In the matter of an application for judicial review

Before

Mrs Justice Thornton DBE

Between

The King on the application of


BMW

-v-

Secretary of State for the Home Department

Anonymity Order

On the Claimant’s application for urgent consideration and interim relief

Following consideration of the Claimant’s N463 and Judicial Review bundle dated 15 July 2025

ORDER by the Honourable Mrs Justice Thornton DBE

  1. The Defendant is required to file and serve a written response to the application for interim relief by 4pm on Monday 21 July 2025.
  2. On receipt of the Defendant’s response, the response (and Claimant’s papers) are to be put before the immediate judge on duty, or as soon as practicable after 4pm Monday 21 July in the event no response is filed.
  3. The Claimant’s name is anonymised for the purposes of this order only.
  4. Liberty to apply on written notice to the other party.
  5. Costs reserved


    Reasons
    The Claimant is a Jamaican national who is said to have a diagnosis of paranoid schizophrenia and a history of suicide attempts. She was granted Indefinite Leave to Remain as a refugee in 2020. Her refugee status was revoked in February 2024 due to her criminal offending, but she subsequently successfully appealed to the First Tier Tribunal (FTT). The Defendant was refused permission to appeal by the FTT. The window for an application by the Defendant for permission to appeal to the Upper Tribunal has yet to expire.

    The Claimant has been unable to access universal credit as Department of Work and Pensions records state that her Indefinite Leave to Remain has been revoked and she has no right to reside in the UK. The Claimant contends that only her refugee status was revoked and that she still has Indefinite Leave to Remain.

    The Claimant applies for judicial review and seeks interim orders requiring the Defendant to persuade the Secretary of State for Work and Pensions that she has Indefinite leave to Remain and requiring certain information to be communicated by 2pm on 17 July. Without universal credit, the Claimant is said to have no income, is dependent on food banks and begging and cannot pay her rent. The Claimant insists this is a matter for the High Court, not UTIAC.

    Given the unusual background, the Defendant ought to be given the opportunity to respond in writing before the matter is considered again by the immediate judge. The Claimant seeks anonymity by reference to the need to preserve the FTT’s direction of 2 August 2024 (para 68 of the statement of fact and grounds). The application for
    anonymity is not said to be urgent but nonetheless requires consideration in the making of this order. The FTT’s direction of 2 August 2024 does not explain the reasons for the grant of anonymity. The Statement of Facts and Grounds make no reference to the relevant provisions of the Administrative Court Guide on applications for anonymity (7.12) Given the immediate need to deal with interim relief, I am prepared to anonymise the Claimant’s
    name for the purposes of this order only.

    The Claimant’s representatives will need to renew the application for any further extension of anonymity. Anonymity was sought in the form “IPY” but the cipher “BMW” is available for use.