D5 -v- The Secretary of State for the Home Department (anonymity order)
IN THE SPECIAL IMMIGRATION APPEALS COMMISSION
SECRETARY OF STATE FOR THE HOME DEPARTMENT
ANONYMITY ORDER: D5
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 5.11.21 by email.
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”), namely:
- Legal Submissions;
- Witness Statement of Nasir Ata
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:
- The Appellant be granted anonymity in relation to the conduct of proceedings in the Commission and be known in these proceedings as D5.
- Nothing may be published which, directly, or indirectly, identifies him as an appellant in these proceedings before the Commission.
- 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).
- 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 whereupon this order will continue for the duration of the determination of that application.
D5 was deprived of his citizenship on 30 November 2020, pursuant to section 40(2) of the British Nationality Act 1981, on the basis that he was assessed to be “involved in serious and organised crime, operating from within the UK”, and that his continued presence in the UK is not conducive to the public good.
The Anonymity Order is made for the following reasons:
- There is a real risk of harm to D5 and his family;
- D5 has minor British citizen children whose welfare would be at risk;
- the appeal is in its early stages and there is a real risk further reasons supportive of anonymity being maintained will emerge