MM -v- Secretary of State for the Home Department (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim number: AC-2024-LON-000215
In the High Court of Justice
King’s Bench Division
Administrative Court
22 January 2024
Before:
The Honourable Mr Justice Linden
Between:
The King on the application of
MM
-v-
Secretary of State for the Home Department
Order
On an application by the Claimant, dated 22 January 2024, for directions in respect of his application of interim relief and an order for anonymity
Following consideration of the documents lodged by the Claimant
AND UPON it appearing that non-disclosure of the identity of the Claimant is necessary in order to protect his interests pursuant to rule 39.2(4) of the Civil Procedure Rules and section 11 of the Contempt of Court Act 1981 and rules 5.4C of the Civil Procedure Rules
ORDER by the Honourable Mr Justice Linden
1. By 4pm on Thursday 25 January 2024:
a. the Defendant will file and serve a response to the Claimant’s application for interim relief and his application for anonymity including any evidence on which he relies. The response shall, at a minimum, address safe release arrangements for the Claimant’s release from immigration detention.
b. the Claimant will file and serve a list of the documents, and the passages therefrom, which it is essential for the judge to read for the purposes of considering his application for interim relief.
2. If it is reasonably practicable to do so, by 4pm on 30 January 2024 the Claimant’s application for interim relief shall be placed before a judge for further consideration on the papers including consideration of whether interim relief should be granted or a hearing ordered.
3. Pending further consideration in the light of the Defendant’s response, the Claimant shall be referred to in these proceedings as MM.
4. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name or address of the Claimant or any details leading to his identification and the Claimant, if referred to, shall only be referred to as MM.
5. Pursuant to CPR rule 5.4C a person who is not a party to the proceedings may obtain a copy of a statement of case, judgment or order from the court records only if the statement of case, judgment or order has been anonymised such that: (a) the Claimant is referred to in those documents only as MM and (b) that any reference to the name of the Claimant or information leading to his identification has been deleted from those documents.
6. Any person affected by this Order may apply on notice to all parties to have this Order set aside or varied.
7. Costs reserved.
Reasons
1. This is an immigration detention case. The Claimant’s evidence suggests that there are significant mental health issues and other considerations which militate against his continued detention, and that there is therefore a degree of urgency notwithstanding that he has been in detention for some time. But it is right that the Defendant should have an opportunity to respond before further decisions are made.