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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: CO/1887/2023

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

27 July 2023

Before:

Anneli Howard KC sitting as a Deputy High Court Judge

Between:

The King on the application of
MRX

-v-

Secretary of State for the Home Department

Order

Notification of the Judge’s decision on the application for anonymity
UPON reading the observations of the Upper Tribunal Judge Canavan in her order of 13 March 2023 regarding the novel issues in this case
AND UPON reading the observations of Upper Tribunal Judge Gleeson in her order of 17 May 2023
AND UPON the transfer of the matter from the Upper Tribunal to the Administrative Court
AND UPON acknowledging that the Applicant’s legal representatives were instructed at a late stage and without access to all the material documents available to the decision maker at the relevant time
AND UPON observing that the Applicant has made a Subject Access Request but has yet to receive documents material to his application
AND UPON observing that disclosure has not been provided to the Respondent
AND UPON acknowledging the need for anonymity as a potential victim of trafficking
ORDER by Anneli Howard KC sitting as a Deputy High Court Judge

  1. Pursuant to CPR 39.2(4), the Applicant is granted anonymity. Noone shall publish or reveal any information, including the name or address of the Applicant, likely to lead members of the public to identify him. Failure to comply with this order could amount to a contempt of court.
  2. The claim shall be referred to as MRX pursuant to CPR 39.2 taking into account the trafficking element of this case.
  3. The Applicant is granted 5 weeks from the date of this order to amend his grounds to take account of information and materials that were before the decision-maker (or reasonably available to her) when the decision under challenge was made and to plead to matters within the jurisdiction of the High Court.
  4. The parties have liberty to apply to vary or set aside this order with 48 hours notice.
  5. Costs reserved.

Reasons

  1. By order of Upper Tribunal Judge Leeson dated 17 May 2023, the Applicant was granted anonymity before the Upper Tribunal prior to the claim being transferred to the High Court.
  2. Given the trafficking element of the case, it is necessary and appropriate to extend the same anonymity protections under CPR 39.2(4) to protect the Applicant’s interests and secure the proper administration of justice.
  3. I am not aware whether disclosure of the relevant materials and response to the Subject Access Request have already been made since the orders referred to above. I have stipulated a period of 5 weeks from the date of this order for the Applicant to amend his pleadings but allowed liberty to apply if disclosure remains outstanding and more time is needed.