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

Administrative CourtCivilHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2024-LON-003773

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

In the matter of an application for judicial review

29 November 2024

Before:

Mrs Justice Steyn DBE

Between:

The King
on the application of
MFA

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for anonymity

AND UPON the Court considering the claimant’s application for anonymity pursuant to CPR 39.2(4) and being satisfied, balancing articles 8 and 10 of the ECHR, that non-disclosure of the claimant’s identity is necessary to protect his interests

Following consideration of the documents lodged by the Claimant and the Defendant

ORDER by the Honourable Mrs Justice Steyn DBE

1. The Claimant’s name is to be withheld from the public and must not 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 “MFA”.

    2. 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.

    3. The parties must:
    (a) when filing any statement of case; or
    (b) in respect of any statement of case filed prior to this Order, within 7 days of this Order;
    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.

      4. Unless the Court grants permission under CPR 5.4(C)(6), no non-party may obtain an unredacted copy of any statement of case.

      5. Any person wishing to apply to vary or discharge this Order must make an application to the court, served on each party.

      Reasons

      The claimant is a victim of trafficking (a positive conclusive grounds decision having been made) and he is currently street homeless. There is a risk that if his current circumstances are published this would increase the risk of him being subject to further exploitation. In addition, he has diagnoses of ADHD, anxiety and depression, PTSD and a learning disability, rendering him vulnerable. If his medical information were the sole ground for anonymity, a targeted order protecting that specific information might well suffice in this case, but his vulnerability to exploitation is such that balancing his interests against the strong public interest in open justice, the balance comes down in favour of granting an anonymity order, and ancillary reporting restriction and restriction on access to unredacted statements of case.

      Signed:
      Mrs Justice Steyn DBE
      29 November 2024