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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-BHM-000402

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

In the matter of an application for judicial review

19 December 2025

Before:

The Hon. Mr Justice Eyre

Between:

The King
on the application of
ESH
(Claimant)

-v-

Secretary of State for the Home Department
(Defendant)

and

(1) EXC
(2) EXD
(3) EXT
(Interested Parties)

Order

Following consideration of the documents lodged by the Claimant

AND OF THE COURT’S OWN MOTION.

ORDER BY THE HON. MR JUSTICE EYRE

  1. Anonymity:
    (a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:
    (i) the names of the Claimant and of the Interested Parties are to be withheld from the public and must not be disclosed in any proceedings in public; and
    (ii) the Claimant and the Interested Parties are to be referred to orally and in writing as ESH, EXC, EXD, and EXT respectively.
    (b) Pursuant to s. 11 of the Contempt of Court Act 1981, there must be no publication of the identity of the Claimant or of any interested party nor of any matter likely to lead to the identification of the Claimant or of any interested party in any report of, or otherwise in connection with, these proceedings.
    (c) Pursuant to CPR 5.4C(4):
    (i) the parties must within 7 days file a redacted copy of any statement of case filed, omitting the name, address and any other information likely to lead to the identification of the Claimant or any interested party;
    (ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant or any interested party, a redacted copy omitting that information must be filed at the same time;
    (iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.
    (d) Any person wishing to vary or discharge this Order must make an application, served on each party.
  2. The Defendant’s Acknowledgement of Service must be filed and served by 4pm on 8th January 2026.
  3. This claim will be transferred to the Administrative Court sitting in the Royal Courts of Justice for further administration and determination.
  4. The papers in this case are to be referred to the same High Court Judge to whom the papers in case no AC-2025-LON-004291 are referred in the first week of the Hilary Term 2026 and at the same time as that referral.
  5. Service of the Defendant’s Acknowledgement of Service on the Interested Partes is dispensed with.
  6. Any other steps necessary in this matter up to the said referral may be made without a litigation friend having been appointed for the Second and Third Interested Parties and without an address for service in the jurisdiction having provided in respect of the Interested Parties.
  7. Costs reserved.

This order has been made without a hearing. Any party affected by this order may apply within 7 days of the service of this order on that party to have it set aside, varied, or stayed.

REASONS

  1. The Claimant’s refugee status and the fact that the Second and Third Interested Parties are children necessitate anonymisation despite the strong public interest in open justice.
  2. The claim challenges the Defendant’s decision of 4th September 2025. The same decision is being challenged in claim no AC-2025-LON-004291. It is appropriate for the initial consideration of both matters to be undertaken at the same time and before the same judge. My directions have made provision for that to be done. It will be a matter for that judge whether they continue to be dealt with together.
  3. In due course the question of litigation friends for the Second and Third Interested Parties and of addresses for service will have to be addressed but it is appropriate for the matter to continue to the stage of the referral provided for in the order without that being done.

Signed: Mr Justice Eyre
Date: 19th December 2025