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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-001896

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

15 July 2025

In the matter of an application for judicial review

Before:

The Honourable Mrs Justice Lang DBE

Between:

THE KING on the application of

BRO

-v-

The Secretary of State for the Home Department (HO Ref: O1839144/14982356)

Order

On the Claimant’s application for an anonymity order, urgent consideration, directions and interim relief;

Following consideration of the documents lodged by the Claimant;

Order by the Honourable Mrs Justice Lang DBE

  1. Under the Court’s inherent jurisdiction and pursuant to section 6 of the Human Rights Act 1998 and CPR 39.2(4):
    a. The name of the Claimant is to be withheld from the public and must not be disclosed in any proceedings in public.
    b. The Claimant is to be referred to orally and in writing as “BRO”.
  2. Pursuant to section 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.
  3. Pursuant to CPR 5.4C:
    a. Within 7 days of the date of service of this order, the parties must 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 nonparty may obtain a copy of any unredacted statement of case.
  4. The Defendant’s Acknowledgment of Service and Summary Grounds of Resistance, including a response to the application for interim relief, must be filed and served no later than 21 days after service of the claim form and supporting documents.
  5. The Defendant must file and serve an indexed and paginated bundle of all relevant documents in its possession or control relating to the Claimant which are not already included in the Claimant’s bundle, no later than 21 days after service of the claim form and supporting documents
  6. Any Reply from the Claimant (CPR 54.8A) must be filed and served by 4 pm no more than 5 days after service of documents by the Defendant pursuant to paragraphs 4 and 5 above.
  7. The claim is to be expedited.
  8. The applications for permission to apply for judicial review and interim relief are to be listed for a hearing to be fixed as soon as possible after 14 July 2025. Time estimate: 2 hours.
  9. The Claimant must file and serve an agreed authorities bundle, not less than 5 days before the date of the hearing. The electronic version of the bundle shall be prepared by the Claimant in accordance with the
    Guidance on the Administrative Court website. The Claimant must also lodge a hard-copy version of the authorities bundle at the Administrative Court Office, not less than 5 days before the date of the hearing.
  10. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
  11. Costs reserved.

    Reasons

    [1] I have granted an anonymity order. The Claimant is an asylum seeker and vulnerable victim of torture who claims to be at risk. In the circumstances, a departure from the general principle of open justice is justified.

    [2] The Claimant seeks to challenge his ongoing detention, since 20 January 2025. He has been granted bail three times by the First-tier Tribunal on condition of provision of a suitable address. His address has to be checked by his criminal justice social worker. A care plan has to be in place on release, and a multi-agency meeting is planned for early July 2025.

    [3] He is an Adult at Risk Level 2, and detention is having an adverse impact on his mental health.

    [4] The ongoing delay and the Claimant’s poor mental health means that this has become an urgent matter. The Defendant must have an opportunity to respond to the claim, and a hearing will be required if he is not released within a reasonable time.

    [5] After service of this order, the Claimant’s solicitors pointed out that the claim form had been served on the Defendant on 12 June 2025 (deemed service 13 June 2025). The effect of that is that the standard 21 day period for filing the Acknowledgment of Service is due to expire at the end of this week. It is too late for the Court to abridge the Defendant’s time for filing the Acknowledgment of Service, but I have ordered that the 21 day time limit for filing is complied with and that the Acknowledgment of Service is served on the Claimant at the same time as it is filed. For the avoidance of doubt, I do not consider that the steps currently being taken in the Claimant’s case (e.g. the multiagency meeting and preparation of a care plan) are a reason to defer filing and serving the Acknowledgment of Service.