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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-002554

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

6 August 2025

Before:

The Honourable Mrs Justice Ellenbogen DBE

Between:

The King on the application of
DIS

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for (1) anonymity and (2) urgent interim relief

Following consideration of the documents lodged by the Claimant

ORDER by The Honourable Mrs Justice Ellenbogen DBE

  1. The identity of the Claimant in these proceedings shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings, or other publication (by whatever medium) in relation to these proceedings, the name or address of the Claimant or any other matters which could lead to his identification.
  3. In any report of these proceedings, or other publication (by whatever medium) in relation to these proceedings, the Claimant shall be referred to as “DIS” and any matters which could lead to the identification of the Claimant shall be redacted.
  4. Pursuant to CPR Rule 5.4C:
    a. a person who is not a party to the proceedings may obtain a copy of a claim form, judgment or order from the court records only if the same has been anonymised and redacted in accordance with paragraphs 2 and 3 of this Order;
    b. if a person who is not a party to the proceedings applies for permission to obtain a copy of any other document or communication, such application shall be made on at least 7 days’ written notice to the Claimant’s solicitors;
    c. any interested party, whether or not a party to the proceedings, may apply to the Court to vary or revoke paragraphs 1 to 4(b) of this Order, provided that any such application is made on written notice to the Claimant’s solicitors and that 3 days’ prior written notice of the intention to make such an application is given.
  5. The Defendant shall file and serve any response to the Claimant’s application for urgent interim relief, together with any supporting evidence, by 4:00pm on Monday, 11 August 2025.
  6. The Claimant shall file and serve any reply to the Defendant’s response, together with any supporting evidence, by 4:00pm on Wednesday 13 August 2025.
  7. The Claimant’s application for urgent interim relief, together with all material filed and served in accordance with paragraphs 5 and 6 above, shall be placed before a judge of the Administrative Court on Thursday 14 August 2025, by no later than midday. At that stage, the judge may finally determine the Claimant’s application on paper, or give directions for further submissions and/or an oral hearing, which may be listed on very short notice to the parties.
  8. Liberty to each party to apply to vary or discharge this order, on no fewer than two days’ written notice to the other.
  9. Any application made under paragraph 8 above is to be referred to a High Court Judge or Deputy High Court Judge for consideration within 24 hours of its being issued.
  10. Costs reserved.

Reasons

  1. This matter is before me as ‘immediates’ judge.
  2. The Claimant is an asylum-seeker and victim of trafficking, having a history of poor mental and physical health and said currently to be in mental health crisis. He has sought permission to apply for judicial review of the Defendant’s decisions, dated 10 and 11 July 2025, to refuse him re-entry into the Modern Slavery Victim Care Contract (‘the MSVCC’), as a result of which, it is said, his recovery needs will not be met. The grounds of review are that the Defendant has failed to have regard to relevant considerations and/or to have made reasonable enquiries; and has acted in a manner which is irrational and perverse and which is contrary to the requirements imposed by Article 4 ECHR. The interim relief sought is that the Defendant immediately re-enter the Claimant into the MSVCC and continue to provide him with support thereunder, pending resolution of these proceedings or further order.
  3. Whilst it will be appropriate for the Court to consider the application for interim relief with the benefit of any response from the Defendant, the time within which that response is to be provided must reflect the intrinsic urgency of the application.
  4. At this stage, I consider it appropriate to grant the anonymity order sought, by reason of the Claimant’s status as an asylum seeker and victim of modern slavery; his poor mental health; and the potential risk of persecution, should he return to his country of origin. The potentially competing rights to freedom of expression and a fair trial (the principle of open justice) are protected by the liberty to apply provision at paragraph 4(c) of my orders (which extends to the Defendant and would include representatives of the Press and other media, as interested parties). The order is subject to review, on application, or of the Court’s own motion on notice to the parties.