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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2025-LON-003455

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

In the matter of an application for judicial review

27 October 2025

Before:

Mr Justice Chamberlain

Between:

The King
on the application of
MGN

-v-

Secretary of State for the Home Department

Order

On an application by the Claimant for urgent consideration and interim relief

Following consideration of the documents lodged by the Claimant

ORDER BY THE HON. MR JUSTICE CHAMBERLAIN
(AMENDED PURSUANT TO CPR 40.12)

  1. Anonymity:

(a) Pursuant to CPR 39.2(4) and/or the Court’s inherent jurisdiction and/or s. 6 of the Human Rights Act 1998:

(i) the Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in public; and

(ii) the Claimant is to be referred to orally and in writing as MGN.

(b) 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.

(c) Pursuant to CPR 5.4C(4):

(i) 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;

(ii) 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;

(iii) unless the Court grants permission under CPR 5.4C(6), no non-party many obtain a copy of any unredacted statement of case.

(d) Any person wishing to vary or discharge this Order must make an application, served on each party.

  1. Mandatory injunction:

(a) As soon as possible, and in any event by 4pm on 10 October 2025, and until the application for permission to apply for judicial review is determined, the Defendant must make available to the Claimant suitable accommodation pursuant to Schedule 10 to the Immigration Act 2016.

(b) The Defendant may apply to vary or discharge paragraph 2(a) above, any such application to be served on each party.

***THIS IS A MANDATORY INJUNCTION. BREACH MAY GIVE RISE TO PROCEEDINGS FOR CONTEMPT OF COURT. IT MUST BE COMPLIED WITH UNLESS AND UNTIL IT IS SET ASIDE BY A COURT, EVEN IF AN APPLICATION TO VARY OR DISCHARGE IT HAS BEEN MADE UNDER PARAGRAPH 2(b) ABOVE ***

3. Costs: Costs reserved.

REASONS

(1) Anonymity is justified at this stage because the case involves sensitive medical details in which the Claimant has an expectation of privacy.

(2) The Claimant is on immigration bail. He has been diagnosed with schizophrenia. He has a notice to quit his current accommodation at 10am tomorrow, 9 October 2025. He applied on the same day as his notice to quit was received for accommodation under Schedule 10 to the Immigration Act 2016. It is asserted in the Statement of Facts and Grounds that he qualifies for such accommodation. The Claimant will be street homeless without support. There has been no substantive response to any of the enquiries made by his solicitors, including the letter before claim on 3 October, two further pieces of pre-action correspondence on 6 October and a further email today at 10.04am.

(3) The Statement of Facts and Grounds disclose a strong prima facie case that, given the specific vulnerabilities of the Claimant, a failure to provide support would be incompatible with the Claimant’s right under Article 3 ECHR not to suffer inhuman and degrading treatment.

(4) The balance of convenience favours the grant of interim relief. If the facts are not as represented, the Defendant can apply to discharge the order.

(5) It is not appropriate to make an order for costs at this stage, before hearing from the Defendant and in advance of the determination of permission to apply for judicial review. However, costs should be reserved to allow the claimant to make an application for the costs of the application for interim relief.

Signed: MR JUSTICE CHAMBERLAIN
Date: 08/10/25
(Amended on 27/10/25)