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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-LON-004566

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

17 December 2025

Before:

Mr Justice Cotter

Between:

The King on the application of
FCN

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant and the skeleton argument filed on behalf of the Defendant

ORDER BY THE HON. MR JUSTICE COTTERR

  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 Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and
    (ii) the Claimant is to be referred to orally and in writing as FCN
    (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 matter likely to lead to the identification of the Claimant 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;
    (ii) if any statement of case subsequently filed includes information likely to lead to the identification of the Claimant, 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. Interim relief: The application for interim relief is refused.
  3. Abridgement of time and expedition: The papers are to be referred to a High Court Judge as soon as possible after the time for service of a Reply has expired.

Reasons

Anonymity:
(1) The Claimant is a victim of trafficking and an asylum seeker. Naming him could put him at risk if he is returned to his country of origin. There are accordingly compelling reasons for the limited derogations from the principle of open justice in paragraph 1.
Interim relief:
(2) I proceed on the basis that there is a serious issue to be tried (the Defendant does not content otherwise for the purposes of the consideration of interim relief).
(3) The Balance of convenience is against the grant of interim relief in circumstances where;
(a) There is no cogent evidence that the Claimant would face a real risk of breach of the protections afforded by Article 3 in France which provides healthcare coverage including mental health support and support for asylum seekers
(b) There is a strong public interest in the Defendant being able to pursue her policy (in particular given the dangers arising from unsafe crossings and the need to provide a disincentive to those tempted to try them and to disrupt the workings of those who facilitate them); and
(c) France is a signatory to the refugee convention and the ECHR and the presumption under paragraph 3(1A) and 3(2) of schedule 3 apply. France can be relied on to return the claimant to the UK if the claim later succeeds and the court grants relief requiring it.