C9 -v- Secretary of State for the Home Department (anonymity order)

Special Immigration Appeals CommissionAnonymity Order

Case Number: SC/173/2020SC/173/2020

In the Special Immigration Appeals Commission

4 January 2023

Between:
C9
-v-
Secretary of State for the Home Department

Order

ON the Appellant’s application for an anonymity order, pursuant to 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;

AND ON the Respondent and the Legal representatives having been notified of the application on 15 December 2022 by email;

AND ON considering the documents served in support of this application, in accordance with paragraph 28 of the Special Immigration Appeals Commission Practice Note on Anonymity Orders and Related Measures dated 29 November 2018;

AND ON the Appellant agreeing to keep the Commission and the Respondent 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 C9.
  2. Nothing may be published which, directly or indirectly, identifies the Appellant 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 Respondent, and to their respective legal representatives.
  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 they intend to apply for it to continue after the OPEN judgment is handed down, or for directions for the determination of any such application, whereupon this order will continue for the duration of the determination of that application.

Reasons

  1. C9 was deprived of his citizenship in September 2020 on the basis he is accused of being “involved in serious organised crime operating from within the UK”. C9 is presently outside the UK. C9’s wife and four children (two of whom are minors) live in the UK.
  2. The Anonymity Order is made for the following reasons:

a. there is a real risk of serious harm to C9 and/or family members in the UK;

b. there is a real risk the welfare of C9’s family, including two minor children, would be harmed;

c. the appeal is yet to be heard and there is a real risk further reasons supportive of anonymity being granted may emerge during the appeal;