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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/2314/2023

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

22 June 2023

Before:

The Honourable Mrs Justice Heather Williams DBE

Between:

The King on the application of
MSS

-v-

Secretary of State for the Home Department

Order

On the Claimant’s application for anonymity
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mrs Justice Heather Williams DBE

  1. The Claimant shall hereafter be referred to in these proceedings as “MSS”.
  2. 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. If referred to, he shall only be referred to by the ciphers “MSS”.
  3. Pursuant to CPR 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 document has been anonymised such that: (a) the Claimant is referred to in those documents only as “MSS”; and (b) any identifying reference to the Claimant has been deleted from those documents.
  4. Any person, including members of the press, may apply to the court to vary or discharge this order on four days’ notice to the parties.
  5. This Order shall be published on the website of the Judiciary of England and Wales pursuant to CPR r39.2(5).
  6. Costs reserved.

Reasons

  1. Given that the Claimant’s outstanding asylum submissions, I am satisfied that it is necessary to grant him anonymity and to make orders pursuant to CPR 39.2(4) and 5.4C as set out above.

On an application by the Claimant for directions in relation to his application for interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mrs Justice Heather Williams DBE

  1. The Defendant shall file and serve any response to the Claimant’s application for interim relief by 4pm on 29 June 2023.
  2. The Claimant shall file and serve any reply to the document referred to at paragraph 1 by 4pm on 4 July 2023.
  3. The Claimant’s application for urgent relief shall be placed before a Judge of the Administrative Court within two working days thereafter.
  4. Liberty to both parties to apply to vary or set aside the above orders on at least two working days’ notice.
  5. Costs reserved.

Reasons

  1. It is appropriate (as the Claimant proposes) to give the Defendant an opportunity to respond to the application for interim relief concerning his release from immigration detention. I have also made provision for a reply from the Claimant, if so advised. The timescales I have imposed take account of the circumstances of this case.
  2. Although the Claimant proposes that I make provision for the listing of an urgent hearing at this stage, I consider that it is premature to do so. Following receipt of the parties’ submissions, the matter will be further considered by a judge on the papers in the first instance and a determination can be made at that stage as to whether an urgent hearing is required.
  3. I have granted anonymity in a separate order.