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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-004147

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

4 December 2025

Before:

The Hon Mrs Justice Lieven

Between:

The King on the application of
DKD

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for permission for judicial review and interim relief

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

ORDER BY THE HON. MRS JUSTICE LIEVEN

  1. Adjournment of permission to a hearing:
    (a) The application for permission to apply for judicial review and interim relief is adjourned to be determined after a hearing.
    (b) The hearing is to be listed with a time estimate of one and a half hours, including submissions by the parties and an oral judgment by the judge. The hearing is listed at 10.30 on 10 December 2025 at the Royal Courts of Justice
    c) Within 3 days of the service of this Order, the Claimant must file and serve an electronic copy of the Permission Hearing Bundle, prepared in accordance with the guidance on the Administrative Court website and containing the following documents:
    (i) the Claim Form, Statement of Facts and Grounds and any evidence or other documents filed with the Claim Form;
    (ii) any Acknowledgment of Service, Summary Grounds of Defence and any accompanying documents served by any Defendant and/or Interested Party;
    (iii) any Reply or other document served by any party to the proceedings at the paper permission stage;
    (iv) this Order;
    (v) any other document the Court would be likely to consider material to its decision on permission to apply for judicial review.
    (d) At least 1 day before the date listed for the hearing, the Claimant must file and serve:
    (i) a skeleton argument, maximum 10 pages;
    (ii) an electronic bundle containing any authorities which the Court needs to read at the hearing (the Authorities Bundle: see para. 22.1.2 of the Administrative Court Judicial Review Guide); and (iii) if requested by the Court, a hard copy version of the Permission Hearing Bundle and Authorities Bundles.
    (e) At least 1 day before the date listed for the hearing, the Defendant must file and serve any skeleton argument, maximum 10 pages.
    (f) If a party fails to comply with sub-paragraph (c), (d) and/or (e), the Court may have regard to the failure when considering any question about costs at the hearing.

Reasons

(1) The Claimant is currently detained despite the fact that two FTT judges have considered him suitable for bail, so long as appropriate accommodation is provided, and other conditions (including electronic tagging) are met. In practice the Claimant has not been released because (a) the Salvation Army has declined to provide accommodation and (b) the Defendant has not exercised his power under s.4.
(2) It is arguable that given the outstanding reasonable grounds decision the Defendant is under a duty to provide accommodation. It is potentially arguable that the Defendant is being detained unlawfully, given the FTT judge decisions and the outstanding decision by the Defendant.
(3) An oral hearing is required to determine permission and interim relief.