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C1 -v- Secretary of State for the Home Department (anonymity order)

Case No: SC/164/2021

In the Special Immigration Appeals Commission

19 May 2021

 

Between:

C1

-v-

Secretary of State for the Home Department

 


ORDER

ON the Appellant having been granted anonymity on an interim basis through the Special Immigration and Appeals Commission Order of 8 April 2021

ON the Commission’s Practice Note on Anonymity Orders and Related Issues coming into force on 28 June 2019

AND ON the Appellant’s application for an anonymity order 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 (‘the documents’) lodged in accordance with paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (the Practice Note):

  1. Legal submissions
  2. Witness statement of Waleed Sheikh

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

IT IS ORDERED THAT

  1. Pursuant to rule 39(5)(h) of the Special Immigration Appeals Commission Procedure Rules 2003 the Appellant is to be anonymised, and referred to only as “C1” in these proceedings
  2. Pursuant to section 11 of the Contempt of Court Act 1981 there shall be no publication by any person of any matter which, directly, or indirectly, could  lead to the identification of C1 as an Appellant in these proceedings before the Commission
  3. There be liberty to apply on 48 hours’ written notice to the Commission, to the Appellant, to the Secretary of State and to the Legal Representatives (as defined in the Practice Note)
  4. The Appellant shall keep the Commission, Secretary of State and Legal Representatives informed of any developments which are relevant to the continuation of the anonymity order
  5. This order continues until determination of the Appellant’s asylum appeal, unless the Appellant indicates to the Commission, as soon as the OPEN judgement is circulated in draft, that he intends to apply for it to continue after the OPEN judgement is handed down, and applies to the Commission before that judgement is handed down, for directions for the determination of any such application.

BY THE COMMISSION

Robert Jay

19 May 2021

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