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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2026-LON-002136

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

In the matter of an application for judicial review

8 May 2026

Before:

The Honourable Mr Justice MacDonald

Between:

The King
on the application of
KPT
(Anonymity granted)

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent interim relief.

Following consideration of the documents lodged by the Claimant.

ORDER by the Honourable Mr Justice MacDonald

  1. The ex parte application for urgent interim relief is refused.
  2. The application for interim relief is to be listed to be determined on the papers at the same time as the permission application.
  3. Pursuant to Rule 39.2(4) of the Civil Procedure Rules, the identity of the Claimant shall not be disclosed to any person who is not a party to these proceedings without permission of the Court. The Claimant shall be referred to as KPT in these proceedings. Nothing shall be published which may reveal the name or address of the Claimant, or any other details liable to lead to their identification.
  4. 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, judgment or order from the court records only if the statement of case, judgment or order has been completely anonymised and all references which are capable of leading to the identification of the Claimant have been deleted or otherwise redacted from those documents.

Reasons

  1. The Claimant seeks urgent interim relief by way of an order for his immediate release from detention.
  2. The Claimant was detained on 1 April 2026 under paragraph 16(1) of Schedule 2 of the Immigration Act 1971 for an expedited examination pending a decision whether to give or refuse him leave to enter the United Kingdom. The Defendant expects the readmission decision from France by 5 May 2026, and a substantive inadmissibility decision by 19 May 2026, with removal before or by 2 June 2026 if an inadmissibility decision is made. The Defendant considers the Claimant to be at high risk of absconding from reporting if released on bail. Alternatives to detention were considered.
  3. The Defendant is entitled to detain the Claimant under the legislative provisions relied on provided the relevant criteria are met. The justifications for detention and the denial of bail are reasoned and consistent with the statutory regime. Whilst the Claimant contends he is medically unfit for detention, the specified condition relied on is high blood pressure. There is no evidence that this medical need cannot be met in detention.
  4. There are no grounds for making a mandatory order requiring the Claimant’s release from detention without hearing from the Defendant. I therefore refuse the application for urgent interim ex parte relief. The application for interim relief is to be determined at the same time as the permission application on the papers in the normal way.
  5. Whilst not applied for, I grant an anonymity order. An order for anonymity is a derogation from the principle of open justice. Any such derogation will be exceptional and based on necessity. In this case, an anonymity order is strictly necessary. The Claimant is a protected party for the purposes of CPR 21.1(2)(d). The Claimant is an asylum seeker. The claim concerns whether she should be deported from the jurisdiction. In the circumstances privacy is necessary to protect the interests of the Claimant and, having regard to the particular importance of the principle of open justice and the Art 8 and Art 10 rights engaged, the anonymity order granted is the minimum necessary derogation from the principle of open justice to achieve this.

Signed: Mr Justice MacDonald