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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-002096

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

9 July 2025

Before:

Hugh Southey KC

Between:

The King on the application of
BND

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for interim relief

Following consideration of the documents lodged by the Claimant and the Defendant

ORDER BY HUGH SOUTHEY KC (sitting as a judge of the HIGH COURT)

  1. The Defendant shall, within 48 hours of this Order, impose a residence condition on the Claimant under Schedule 10 para. 2 IA 2016.
  2. The Defendant shall, within 48 hours of this Order, provide accommodation to the Claimant under Schedule 10 para. 9 IA 2016.
  3. There is liberty to apply.

Reasons

  1. Applying the approach in American Cyanamid Co v Ethicon Ltd [1975] AC 396, it appears to me that interim relief should be granted:
    a. On the material available to me, it appears to me that there is a serious issue to be tried. While I accept that self-inflicted homelessness does not engage the state’s obligations, it appears to me that there is a serious issue to be tried in light of the fact that homelessness is apparently in part the result of the Defendant’s failure to facilitate the grant of bail dated 25 April 2025. I have little doubt that the treatment described crosses the article 3 threshold.
    b. Damages are obviously not an adequate remedy.
    c. The fact that a possible breach of article 3 is in issue means that the balance of convenience is strongly in favour of interim relief. The burden on the Defendant is not great (not least because she can apply to set aside).
  2. It appears to me that CPR 23.8(3) applies so that the Defendant has 7 days to apply to set aside this order. Should such an application be made, an expedited hearing should be listed.