D6 -v- Secretary of State for the Home Department (anonymity order)

Court of Appeal Civil DivisionSpecial Immigration Appeals CommissionAnonymity Order

Case number: C/176-178/2020

In the Court of Appeal
on appeal from the Special Immigration Appeals Commission

1 July 2024

Before:

Lady Justice Andrews

Between:

D6

-v-

Secretary of State for the Home Department

Order

UPON granting permission to appeal

AND UPON the Appellant’s application for an anonymity order

AND UPON considering the documents lodged before the Special Immigration Appeals Commission in support of the Appellant’s application for anonymity and the further submissions set out in the Appellants’ Notice

AND UPON noting that the Appellant was granted anonymity for the hearing before the Special Immigration Appeals Commission and an order restraining publication pursuant to section 11 of the Contempt of Court Act 1981

AND UPON consideration of the Appellant’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression.

AND UPON IT APPEARING that non-disclosure of the identity of the Appellant is necessary in order to protect the interests of the Appellant

AND UPON the Respondent having been served with notice of this application and having indicated it has no objection

AND PURSUANT to rule 39.2(4) of the Civil Procedure Rules and section II of the Contempt of Court Act 1981 and rules 5.4C and 5.4D of the Civil Procedure Rules.

ORDER BY THE RT HON LADY JUSTICE ANDREWS

IT IS ORDERED THAT:

  1. There should be no disclosure or publication by the press or otherwise of the Appellant’s name or address or of any other information likely to lead to the identification of the Appellant in this appeal.
  2. In any order, judgment or report of these proceedings, or other publication by whatever medium, the Appellant shall be referred to (as they were before SIAC) as D6.
  3. A non-party may not inspect or obtain a copy of any document from the Court file in accordance with CPR 5.4C unless any references to the Appellant are anonymised in accordance with the terms of this order.
  4. Any interested party, whether or not a party to the proceedings, may apply to the Court to set aside or vary this Order, provided that any such application is made on notice to the Appellant.
  5. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk) in anonymised form. For that purpose, a court officer will send a copy of the order by email
    to the Judicial Office at judicialwebupdates@judiciary.uk.
  6. The costs of obtaining this order be costs in the case.