MC -v- Upper Tribunal (Immigration and Asylum Chamber) (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-002133
In the High Court of Justice
King’s Bench Division
Administrative Court
24 June 2024
Before:
The Honourable Mrs Justice Lang DBE
Between:
The King on the application of
MC
-v-
Upper Tribunal (Immigration and Asylum Chamber)
and
Secretary of State for the Home Department
(HO Ref: C1366694)
News Group Newspapers Limited
(Interested parties)
Order
On the Claimant’s application for an anonymity order and urgent interim relief;
Following consideration of the documents lodged by the Claimant;
Order by the Honourable Mrs Justice Lang DBE
1. Pursuant to CPR r.39.2, in any report of these proceedings, there shall be no publication of the name and address of the Claimant, nor any other particulars likely to lead to his identification. In the proceedings, the Claimant shall be anonymised and referred to as “MC”.
2. Non-parties may not obtain any documents from the court file which have not been anonymised and/or redacted to protect the identity of the Claimant, in accordance with paragraph 1 above.
3. The Upper Tribunal (Immigration and Asylum Chamber) is restrained from disclosing the Claimant’s identity in Case No. UI-2023-003191, until the determination of the application for permission to apply for judicial review, or further order.
4. No later than 21 days from the date of service of this order, the Defendant and the First and Second Interested Parties do file and serve their acknowledgments of service, together with any written submissions.
5. No later than 21 days from the date of service of this order, the Second Interested Party do file and serve a copy of the hearing bundle, skeleton arguments/submissions and authorities bundle which were before the Upper Tribunal when it heard the Second Interested Party’s application to lift the anonymity order in respect of the Claimant.
6. The Claimant’s application for permission and for interim relief shall be considered by a Judge on the papers, following the filing of the documents referred to at paragraphs 4 and 5 above.
7. Liberty to apply to vary or discharge this order on 2 days notice to the other party.
8. Costs reserved.
Reasons
1. The Claimant had the benefit of an anonymity order in the proceedings before the First-tier Tribunal. The anonymity order was lifted by the Upper Tribunal upon the application of the Second Interested Party. The appeal is ongoing. I note that the lifting of the order was suspended by the Upper Tribunal for 21 days after the issue of its decision on 22 May 2024 to enable the Claimant to apply for judicial review. In my view, the interests of justice require that the anonymity order remain in place until the Claimant’s application for judicial review is considered and determined.
2. I have granted an anonymity order in the judicial review proceedings to maintain the status quo. In the circumstances, a departure from the general principle of open justice is justified.