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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-LON-2025-002962

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

In the matter of an application for Habeas Corpus

12 September 2025

Before:

The Honourable Mrs Justice Lang DBE

Between:

CHK

-v-

Secretary of State for the Home Department
(HO Ref: D1988929)

Order

UPON the Applicant’s application for a writ of habeas corpus under CPR Part 87;

AND UPON the Applicant’s application for an anonymity order and an interim order restraining the Respondent from progressing and enforcing the deportation order dated 12 May 2017;

AND UPON consideration of the documents lodged by the Applicant;

Order by the Honourable Mrs Justice Lang DBE

  1. The Respondent do file and serve a response to the Applicant’s application, together with copies of relevant documents, in particular, previous decision letters and Tribunal decisions, within 21 days of the date of this order.
  2. The Applicant’s applications are to be considered by a Judge on the papers as soon as reasonably possible once the Respondent’s response is filed.
  3. 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 Applicant is to be withheld from the public and must not be disclosed in any proceedings in public.
    (b) The Applicant is to be referred to orally and in writing as “CHK”.
  4. Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Applicant or of any matter likely to lead to the identification of the Applicant in any report of, or otherwise in connection with, these proceedings.
  5. 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 Applicant;
    (b) If any statement of case subsequently filed includes information likely to lead to the identification of the Applicant, 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 may obtain a copy of any unredacted statement of case.
  6. Liberty to apply to vary or discharge this order on 3 days notice to the other party.
  7. Costs reserved.

Reasons

  1. I have granted an anonymity order. The Applicant was granted anonymity in previous proceedings. He states that a family member has been murdered in circumstances relevant to his asylum and human rights claims. He contends that he and his family would be at risk of harm if he was publicly identified. In the circumstances, a departure from the general principle of open justice is justified at this stage, but may fall to be re-considered once further evidence becomes available.
  2. The Applicant is a national of Brazil, who was granted indefinite leave to remain in the UK on 10 December 2005, on the basis of his marriage to an EU citizen exercising free movement rights. On 21 December 2012, he was convicted of serious criminal offences and sentenced to 10 years imprisonment.
  3. A deportation order was made against him on 12 May 2017. His asylum and human rights claim was refused on 12 May 2017, and again on 17 July 2017, following re-consideration.
  4. On 6 November 2017, the Respondent issued an IS.91 Authority to Detain. The custodial element of the Applicant’s sentence was completed by 25 November 2017, whereupon he was placed in immigration detention.
  5. Bail was granted on 11 May 2018 by the First-tier Tribunal (‘FTT’) subject to reporting, residence and travel conditions.
  6. The Applicant contends that the deportation order of 12 May 2017 is void and therefore his immigration detention was unlawful and any continuing restraints on his liberty, such as the bail conditions, are also unlawful.
  7. Before making a decision under CPR 87.4, the Court must hear from the Respondent in response to the grounds of challenge. The Respondent must also provide a chronology, and copies of relevant decisions which have been made previously by the Respondent and the Tribunal, and details of any pending processes and legal proceedings.

Signed: Mrs Justice Lang
Dated: 12 September 2025