C2 -v- The Secretary of State for the Home Department (anonymity order)

Special Immigration Appeals CommissionAnonymity Order

Case Number: SC/166/2019

In the Special Immigration Appeals Commission

28 July 2021

Between:

C2

-v-

The Secretary of State for the Home Department

ORDER

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 the Legal Representatives’ having been notified of the application on 13 July 2021 by service of an Explanatory Note

On considering the documents, namely the application notice, the witness statement of Pasoon Sadozai, legal submissions and explanatory note (‘the documents’) lodged in accordance with paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (‘the Practice Note’)

On counsel for the media having, in consideration of the receipt of the documents, given irrevocable undertakings to the Appellant and to the Commission that the documents and the information in them will be kept secure, and used only for the purposes of the application

[On hearing counsel for the Appellant, for the Secretary of State and for the media]

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. The Appellant be granted anonymity in relation to the conduct of proceedings in the Commission and be known in these proceedings as C2.
  2. Nothing may be published which, directly, or indirectly, identifies him 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. This order continues until the OPEN judgment has been handed down in this appeal, or further order in the meantime, unless the Appellant 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.

BY THE COMMISSION