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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

As amended under the Slip Rule

Case number: AC-2026-LON-003190

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

In the matter of an application for judicial review

14 July 2026

Before:

The Honourable Mr Justice MacDonald

Between:

The King
on the application of
LYE
(Claimant)

-v-

Secretary of State for the Home Department
(Defendant)

Order

On an application by the Claimant for Urgent Interim Relief.

Following consideration of the documents lodged by the Claimant.

AMENDED ORDER by the Honourable Mr Justice MacDonald

  1. The application for urgent interim relief is refused.
  2. The time for the filing and serving by the Defendant of an Acknowledgment of Service is abridged to 7 days.
  3. Upon receipt of the Acknowledgment of Service (and any Reply to the Acknowledgment of Service) the papers shall be placed before the Single Judge for consideration of permission.
  4. Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998 the Claimant’s name and those of her family members are to be withheld from the public and must not be disclosed in any proceedings in public and 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.
  5. Pursuant to CPR 5.4C(4) 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. 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
  6. Costs in the application.

Reasons

  1. The Claimant seeks to challenge the ongoing delay in the Defendant providing him with accommodation and support under s.4 of the Immigration and Asylum Act 1999 following his release from detention on 3 July 2026. The Claimant is currently street homeless.
  2. The Claimant seeks urgent interim relief in the form of an order requiring the Defendant to provide the Claimant with support and accommodation under s.4 of the 1999 Act and prohibiting the Defendant from discontinuing that support pending the outcome of these proceedings.
  3. The fact that the Claimant is entitled to support under s.4 of the 1999 Act does not appear to be in dispute. The Defendant is aware of the Claimant’s position and has indicated that his position will be addressed imminently. The Claimant has been able to secure accommodation with a friend, although this has been sporadic. Whilst the position in respect of the Claimant’s need for accommodation and support has been known since 3 July 2026, no application was made until 9 6 July 2026, leaving almost no time for the Defendant to indicate its position in response to the claim and the application for urgent interim relief.
  4. Whilst I am not satisfied in the circumstances that urgent interim relief should be granted, it is appropriate to abridge time for service of the Acknowledgement of Service by the Defendant to 7 days given the urgency of the Claimant’s situation to ensure that the question of permission can be dealt with expeditiously if the Defendant continues not to provide the Claimant with the accommodation and support to which he appears entitled.
  5. The Claimant seeks an order pursuant to CPR 39.2(4) that his name be anonymised. 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. However, the Claimant seeks leave to remain in the United Kingdom on the basis of the Refugee Convention. The Claimant has also been granted anonymity in separate proceedings before the Upper Tribunal numbered JR-2026-LON-002126. 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