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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2026-LON-001734

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

In the matter of an application for judicial review

14 April 2026

Before:

The Hon. Mr Justice Bourne

Between:

The King
on the application of
HUP

-v-

Secretary of State for the Home Department

Order

UPON an application by the claimant for interim relief

AND UPON consideration of the documents lodged by the claimant

ORDER by the Hon. Mr Justice Bourne:

  1. For the purpose of this application, and solely to preserve the position, the claimant is granted anonymity and is, until further order, to be referred to in these proceedings as HUP (“the cipher”). The claimant’s name is to be withheld from the public and must not to be disclosed in any proceedings in open court. There is to be substituted for all purposes in these proceedings in place of references to the claimant by name, and whether orally or in writing, references to the cipher. Pursuant to s.11 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. Pursuant to CPR 5.4C(4): (a) The parties must, when filing any statement of case, also file a redacted copy of that statement of case omitting the name, address and any other information which could lead to the identification of the claimant. (b) Unless the Court grants permission under CPR 5.4(C)(6), no non-party may obtain an unredacted copy of any statement of case.
  2. The Defendant may not remove the Claimant from the United Kingdom until further determination of his application for interim relief or further order (and therefore may not remove the Claimant on 15 April 2026 without further order).
  3. There will be an oral hearing of the application for interim relief on the first available date after 27 April 2026 with a time estimate of 3 hours.
  4. The Claimant must file and serve his Claim Form and Statement of Facts and Grounds as soon as practicable and in any event by 1pm on 27 April 2026.
  5. The Defendant must file and serve a skeleton argument responding to the interim relief application by 4pm on 27 April 2026.
  6. The Defendant may apply to vary or discharge this Order (including to the out-of-hours Judge), in which event she must inform the Claimant’s solicitors by email.
  7. Costs reserved.

REASONS

This application has been made to the Immediates Judge on an urgent basis before issue of the claim. Removal is scheduled to take place at 07.45 tomorrow, 15 April 2026. The Claimant’s representatives have given an explanation for the lateness of the application.

Further consideration, with the Defendant’s input, is needed before the Court can decide whether there is a serious issue as to the lawfulness of removal from the UK and, if so, where the balance of convenience falls having regard in particular to the status of France as a safe country and the fact that the Claimant can continue with his claim from France which, if successful, could result in an order for his return to the UK. It seems to me that he should have provisional interim relief pending that further consideration, having regard to evidence of his vulnerability and of his previous experiences in France.

I have therefore directed an oral interim relief hearing. Whilst the question of removal on 15 April will have become academic, there will remain the live issue of whether the Defendant can lawfully remove the Claimant after that hearing and before determination of the application for permission to apply for judicial review.

However, it remains open to the Defendant to apply, out of hours, to set my order aside if it thinks it can show that this provisional interim relief is not justified.

If for any other reason the oral hearing ceases to be necessary the parties must immediately inform the Court.

Signed: Mr Justice Bourne
Dated: 14/04/26