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

Anonymity Order

APPEAL NO: SN/79/2021

IN THE SPECIAL IMMIGRATION APPEALS COMMISSION

17 June 2021

Between:

AB

-v-

Secretary of State for the Home Department (anonymity order)

 

ANONYMITY ORDER

On the Appellant’s application of 1 June 2021, for continuation of the Commission’s interim anonymity order dated 4 May 2021, pursuant to rule 39(5)(h) of the Special Immigration Appeals Commission (Procedure) Rules 2003 and for an order restraining publication pursuant to section 11 of the Contempt of Court Act 1981 (‘the application’).

On considering the documents (application notice, Witness Statement, dated AB of 1st June 2021, legal submissions, a draft order, and the explanatory note to the Media Legal Representatives describing what the case is about) (‘the documents’) lodged pursuant to paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (the Practice Note’).

On the Media Legal Representatives’ having been notified of the application by email on 1st June 2021 and upon there being no representations filed by any media organisation or anyone else as to why the Order should not remain in force.

On considering the documents (application notice, Witness Statement of AB of 1st June 2021, legal submissions, a draft order, and the explanatory note to the Media Legal Representatives describing what the case is about) (‘the documents’) lodged pursuant to paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (the Practice Note’).

On the Applicant undertaking to keep the Commission and the Secretary of State informed of any matter which may affect the continued need for this order.

And upon it appearing that the reasons given in the order made on 4 May 2021 continue to justify the order that was made.

It is ordered that:

  1. The Anonymity Order of 4 May 2021, following its expiry on 1 June 2021, be extended for an indefinite period, or until further order, and that the Appellant shall continue to be granted anonymity in relation to the conduct of proceedings in the Commission and be anonymised by the initials AB.
  2. Nothing may be published which, directly, or indirectly, identifies the Applicant as a party to these proceedings before the Commission.
  3. There be liberty to apply on 48 hours’ written notice to the Commission, to the Applicant, to the Secretary of State and to the Media Legal Representatives (as defined in the Practice Note).
  4. This order continues until the OPEN judgment has been handed down in this application, or further order in the meantime, unless the Applicant indicates to the Commission, as soon as the OPEN judgment is circulated in draft, that he intends to apply for it to continue after the OPEN judgment is handed down, and applies to the Commission, before that judgment is handed down, for directions for the determination of any such application.