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

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: CO/1267/2023

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

11 April 2023

Before:

The Honourable Mr Justice Johnson

Between:

The King on the application of
MT

-v-

Secretary of State for the Home Department

Order

On the Claimant’s application for urgent consideration and interim relief
Following consideration of the documents lodged by the Claimant
ORDER by the Honourable Mr Justice Johnson

Mandatory injunction

This is an order for an injunction. Breach of paragraph 1 of this order may give rise to contempt proceedings. Even if an application has been made under paragraph 2 to vary or discharge, the order at paragraph 1 must be complied with unless or until such an order is made.

  1. The defendant must by 12 noon on 27 April 2023 release the claimant from immigration detention to accommodation provided under schedule 10 of the Immigration Act 2016 (unless he is otherwise detained under the Mental Health Act 1983 or by order of a court), subject to such bail conditions as the defendant considers appropriate.
  2. The defendant has liberty to apply to vary or discharge the order in paragraph 1 above on 2 days written notice to the claimant. In the event that such an application is made by 4pm on 14 April then:
    (a) it shall, if practicable, be listed for hearing before 27 April 2023 with a time estimate of 2 hours.
    (b) The parties shall file skeleton arguments and an agreed hearing bundle by 4pm one clear working day before the hearing.

Anonymity

3. The claimant shall be referred to in these proceedings as MT.

  1. Pursuant to CPR rule 39.2(4) there shall not be disclosed in any report of the proceedings the name of the claimant or any details leading to the identification of the claimant. The Claimant, if referred to, shall only be referred to as MT.
  2. 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 MT ; and (b) that any reference to the name of the claimant be deleted from those documents.
  3. Any person affected by this Order may apply on notice to all parties to have this Order set aside or varied.

Costs

7. Costs reserved.