MTS -v- Secretary of State for Defence (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Case number: AC-2026-LON-003545

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

In the matter of an application for permission to apply for judicial review

17 August 2026

Before:

The Hon. Mr Justice Kimblin

Between:

The King
on the application of
MTS
(Claimant)

-v-

Secretary of State for Defence
(Defendant)

Order

On an application by the Claimant for anonymity and expedition

Following consideration of the documents lodged by the Claimant.

ORDER BY THE HON. MR JUSTICE KIMBLIN

  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 “MTS”.

(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. Abridgement of time and expedition:

(a) Any Reply from the Claimant (CPR 54.8A) to the Acknowledgment of Service must be filed and served within three days of receipt.

(b) The papers are to be referred to a judge as soon as is reasonably practicable after the Reply has been served. If possible, priority will be given to placing the papers before a judge who is either to hear the substantive application referred to in (6) of the Court’s reasons, below, or a judge who has at some stage given case management directions in those cases.

(c) There be liberty to apply in respect of (2)(a) and (2)(b).

  1. Costs: Costs reserved.

REASONS

(1) Background and Anonymity: The Claimant seeks relocation from Afghanistan. There is evidence that naming the Claimant will increase the risk he and his family would face while in Afghanistan if he were named. There are accordingly compelling reasons for the limited derogations from the principle of open justice. I have therefore made the order at (1) above.

(2) The Claimant seeks permission to challenge the Defendant’s decision announced on 28 April 2026 to cease providing in-country support to assist ARAP-eligible individuals leave Afghanistan and the Defendant’s refusal to provide accommodation and subsistence support to ARAP eligible individuals in Tajikistan, pending determination of their entry clearance applications, and the Defendant’s systemic delays in assisting the Claimant and his family to relocate to the UK.

(3) The Claimant is unable to fund his own relocation out of Afghanistan, nor his subsistence and accommodation costs in a third country, nor the costs of third country visas. He is presently moving his location in Afghanistan to lower the risks of harm to him and his family.

(4) Expedition: By an N244 Application notice dated 28th July 2026, the Claimant seeks expedition such that the application for permission is placed before a judge within 14 days of receipt of the Claimant’s reply.

(5) The Claimant has not filed an N463. This was the correct decision and is helpful practice on the part of the Claimant’s solicitors.

(6) The issues in this case are common to other cases, including: AC-2025- LON-002404; AC-2025-LON-004615; AC-2025-LON-002537. A substantive hearing is listed at the start of next term in those cases. I have therefore sought to bring this case back before a judge in advance of that substantive hearing, during the vacation, so that appropriate and well-informed decisions may be made about its further progress.

(7) In that context, it is premature to make any directions as to applications for the closed procedure.

(8) I have reserved costs. The costs are better determined when the future progress of the case has been decided in the light of parties’ fully pleaded cases.

Signed: MR JUSTICE KIMBLIN

Date: 17th August 2026