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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-001618

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

21 May 2025

Before:

The Honourable Mr Justice Ritchie

Between:

BNP

-v-

The Secretary of State for the Home Department

Order

BEFORE the Honourable Mr Justice Ritchie, sitting in the immediates list at the Royal Courts of Justice, the Strand, London on 21.5.2025.

WITHIN the claim for judicial review dated 21.5.2025.

ON AN APPLICATION for urgent consideration dated 21.5.2025.

FOLLOWING CONSIDERATION of the documents lodged by the Claimant. There being none yet from the Defendant.

NOW IT IS ORDERED THAT:

Anonymity:

  1. The Claimant’s application for anonymity is granted. Under the Court’s inherent jurisdiction and pursuant to Rule 39.2(4) of the Civil Procedure Rules, the Claimant’s name and identity is to be withheld from the public and must not be disclosed in any proceedings in public.
  2. The Claimant shall be referred to orally and in writing in these proceedings as “BNP”.
  3. Pursuant to.11 of the Contempt of Court Act 1981, and CPR 5.C(4), there must be no publication or disclosure of the identity of the Claimant or any matter likely to lead to his identification in any report of, or otherwise in connection with these proceedings.
  4. Pursuant to Rule 5.4C of the Civil Procedure Rules:
    a. 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;
    b. 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;
    c. unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

Directions: timetable

Listing

  1. This claim be listed for an expedited ‘rolled-up’ hearing, with a time estimate of 1
    day, on the first open day after 30 June 2025.
  2. The Defendant shall file and serve his Acknowledgment of Service, Detailed Grounds of Defence and any evidence within 21 days of this Order.
  3. The Claimant shall, if so advised, file and serve any evidence in reply within 7 days of the date on which the Defendant serves evidence.

Bundle

  1. The parties shall agree the contents of the hearing bundle and must file it with the Court not less than 14 days before the date of the hearing. An electronic version of the bundle shall be prepared and lodged in accordance with the Guidance on the Administrative Court website. The parties shall, if requested by the Court lodge 2 hard-copy versions of the hearing bundle.

Skeleton

  1. The Claimant must file and serve a Skeleton Argument not less than 10 days before
    the date of the hearing of the judicial review.
  2. The Defendant and any Interested Party must file and serve a Skeleton Argument not less than 5 days before the date of the hearing of the judicial review.
  3. The parties shall agree the contents of a bundle containing the authorities to be referred to at the hearing. An electronic version of the bundle shall be prepared in accordance with the Guidance on the Administrative Court website. The parties shall if requested by the Court, prepare a hard-copy version of the authorities bundle. The electronic version of the bundle and if requested, the hard copy version of the bundle, shall be lodged with the Court not less than 3 days before the date of the hearing of the judicial review.

Variation

12. Liberty to apply to set aside or vary the terms of this order on written application to be filed and served within 7 days hereof. 

Costs

  1. Costs reserved.

Reasons

  1. The Claimant (C), as lived illegally in the UK since 2000.
  2. C has been street homeless since the Defendant (D) withdrew the provision of hotel accommodation in August 2024 as a result of her leaving the hotel and going to stay in Manchester for a period unknown to me.
  3. On 3.10.2024 D granted C 30 months leave to remain but on that grant she became ineligible for State benefits and accommodation under the no recourse to public funds provisions. C asserts she occasionally works in low paid jobs.
  4. On 5.5.2025 C asked D to lift the no recourse to public funds condition and on 16.5.2025 her lawyers wrote an PAP letter challenging the ongoing failure to determine that application. D has not responded.
  5. This Claimant is vulnerable, very poorly financed and homeless and has been so for a long time. She seeks to challenge the “no recourse to public funds decision”. There is urgency here.
  6. Interim relief would provide the whole remedy before a full permission decision. I have rolled up the hearing and listed it quickly.
  7. No pre-action protocol responses have been received by C from D.
  8. A response from the Defendant is needed to be able to understand the reasoning for maintaining the decision.

Signed Mr Justice Ritchie
Made: 21.5.2025