MA and others -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000331
In the High Court of Justice
King’s Bench Division
Administrative Court
2 February 2024
Before:
The Honourable Mr Justice Freedman
Between:
The King on the application of
MA (in her own capacity and as litigation friend on behalf of the Second and Third Claimants, her children)
NS1
NS2
-v-
Secretary of State for the Home Department
Order
On the Claimant’s application for urgent consideration and interim relief
Following consideration of the documents lodged by the Claimant including an order made in Family Proceedings in private
ORDER by the Honourable Mr Justice Freedman
IT IS ORDERED THAT:
1. The Claimants are granted anonymity in accordance with CPR 39.2 thereby enabling the First Claimant to disclose in these proceedings documentation and information relating to the Family Proceedings Case No: FD23P00433 in which she is the First Respondent.
2. From the date of this order:
(1) the identity of the Claimants shall not be disclosed;
(2) publication or communication of any information likely to lead to the identification of the Claimants in these proceedings to any person other than the Defendant is prohibited.
3. The Claimants shall be known and referred to in all court documents as “MA, NS1 and NS2”.
4. Any statement of case, judgment or order in this case must be anonymised such that the Claimants are referred to only as MA, NS1 and NS2 and any identifying reference to the Claimants has been deleted from these documents.
5. The matter shall be listed as “R (on the application of MA and others) v Secretary of State for the Home Department.”
6. Any person, including members of the press, may apply to the court to vary or discharge this Order on 24 hours’ notice to the parties.
7. This order shall be published on the website of the Judiciary of England and Wales pursuant to CPR r.39.2(5).
8. The Defendant shall have liberty to apply to discharge or vary this order on 24 hours’ written notice to the Claimant’s solicitors.
9. Costs of this application are reserved.
10. This order shall remain in force until further order.
Reasons
1. In connected abduction proceedings in which the First Claimant is a respondent in the Family Division of the High Court (FD23P00433), orders have been made as follows:
(1) If an anonymity application is made in these judicial review proceedings, the First Claimant will be able to refer to the history and the current position in these proceedings in her judicial review claim form and accompanying documents and in her application for an anonymity order under CPR 39.2(4).
(2) Further, if an anonymity order is made, then the First Claimant and Duncan Lewis solicitors shall have permission to to disclose documentation from and information regarding the current proceedings into the judicial review proceedings.
2. If an anonymity order is granted, it is expected that documentation already filed in the Family Proceedings should establish that the Claimants are not German nationals.
3. This is important because on 3 November 2023 the Defendant determined that the Claimants’ asylum claims were inadmissible on the basis that the Claimants were German Nationals, which decision and basis are challenged by the Claimants.
4. Anonymity is required to secure the proper administration of justice and in order to protect the interests of the persons in the Family Proceedings.