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

Special Immigration Appeals CommissionAnonymity Order

Case number: SN/02/2024

In the Special Immigration Appeals Commission

13 May 2025

Before:

Mr Justice Swift

Between:

CN

-v-

Secretary of State for the Home Department

Anonymity order

UPON the Applicant’s application for review of a decision of the Respondent to refuse her application for naturalisation (“the naturalisation proceedings”)

AND UPON the Commission having considered an application made by the Applicant in those proceedings (on 22 March 2024) for an order for anonymity 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

AND UPON the Commission on 9 April 2024 having made an order in terms to remain in force until the date the open judgment in the naturalisation proceedings (“the April 2024 Order”)

AND UPON the Commission having set out, at the end of that Order, its reasons for making it.

AND UPON the Applicant’s application made on 28 April 2025 for continuation of the April 2024 Order, the Commission having dismissed her application in the naturalisation proceedings

AND UPON the Commission considering: (a) the Practice Note on Anonymity Orders and Related Issues dated 29 November 2018 (“the Practice Note”); (b) the Explanatory Note filed by the Applicant in support of the application made on 22 March 2024; (c) the witness statement of Marcelle Navarette filed in support of the application made on 22 March 2024 and the exhibit to that statement; and (c) the submissions filed by the parties in connection with the application made on 28 April 2025

AND UPON 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

IT IS ORDERED THAT

  1. The Applicant shall continue to be granted anonymity in relation to the conduct of proceedings in the Commission, in accordance with paragraphs 1 and 2 of the April 2024 Order.
  2. Nothing shall be published which, directly, or indirectly, identifies the Applicant as the applicant in these proceedings before the Commission.
  3. Any person may, on 48 hours’ written notice to the Commission, to the Applicant, to the Secretary of State and to the Legal Representatives (as defined in the Practice Note), apply to set aside or vary this order.

REASONS

  1. Notwithstanding the Commission’s decision to refuse CN’s application in the naturalisation proceedings, the reasons stated in support of the April 2024 Order continue to apply. Continuation of the April 2024 Order is justified and proportionate.
  2. CN has family members residing in Turkish Republic of Northern Cyprus (‘TRNC’). CN and family members in the UK travel to and from the TRNC.
  3. The case in support of continued anonymity includes that there is a real risk to CN and or members of her family, of serious harm in the TRNC if her identity is disclosed in these proceedings. Those risks justify the derogation from the principle of open justice to the extent provided for by this order and justify interference to the same extent with the Article 10 rights of the media and the public.

BY THE COMMISSION

MR JUSTICE SWIFT

Dated this 13th day of May 2025