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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2023-LON-0003696

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

In the matter of an application for judicial review

4 March 2025

Before:

Hugo Keith KC,
sitting as a Deputy High Court Judge

Between:

The King
on the application of
EBW

-v-

Secretary of State for the Home Department

Order

Notification of the Judge’s Decision (CPR 54.11, 54.12)

Following consideration of the documents lodged by the Claimant, the Defendant’s Application Notices of 4 January 2024 and 18 January 2024, the Consent Order of 18 January 2024, the Consent Order of 28 March 2024, and the Defendant’s Costs Submissions of 23 October 2024

IT IS ORDERED by Hugo Keith KC, sitting as a Deputy High Court Judge, that:

  1. The Consent Order of 28 March 2024 is approved.
  2. Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction:

i. the names of the Claimant and of her son are to be withheld from the public and must not be disclosed in any proceedings in public, or to any person who is not a party to these proceedings; and

ii. the Claimant is to be referred to as EBW, and the Claimant’s son as
QRM.

  1. Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or her son or of any matter likely to lead to their identification in any report of, or otherwise in connection with, these proceedings.
  2. Pursuant to Rule 5.4C of the Civil Procedure Rules, a person who is not a party to the proceedings may obtain a copy of a statement of case or any other document filed with the Court, including the Confidential Schedule, from the court records only if they have been completely anonymised and all references which are capable of leading to the identification of the Claimant or her son have been deleted or otherwise redacted from those documents.
  3. Any non-party wishing to obtain or inspect documents in the case must do so by
    making an application to the Court, to be served on both parties, on 48 hours’ notice.
  4. There is no order as to costs.

REASONS

(1) EBW was deprived of her British citizenship by a decision dated 18 April 2017. By way of a claim form dated 12 December 2023 she sought judicial review of the Secretary of State’s delay in determining her 7 July 2023 application for leave to enter the UK. The application was based on EBW’s grave humanitarian circumstances, and on her inability to pursue an outstanding appeal against the deprivation of her British citizenship from the Al-Roj camp in northern Syria in which she and her young son have been held since approximately August 2020.

(2) The application for judicial review was stayed pursuant to a consent order, under which the SSHD committed to using best endeavours to make a decision by 15 February 2024 and in any event by 29 February 2024. A decision was in fact made on EBW’s application on 28 February 2024 and communicated to C’s legal representatives on 29 February 2024. The application for judicial review was then withdrawn by way of a Consent Order that was filed on 28 March 2024.

(3) The application for anonymity is granted. It is plainly warranted, and the Claimant has already been granted anonymity, with associated restrictions on open justice, in connection with her appeal to SIAC.

(4) The Consent Order of 28 March 2024 made provision for the filing by the parties of costs submissions. The Defendant filed cost submissions on 23 October 2024, contending that there be no order as to costs. The Claimant did not file costs submissions. It is appropriate for there to be no order as to costs.

Signed: Hugo Keith KC, sitting as a Deputy High Court Judge
Date: 4 March 2025