Case No: SC/179/2020
IN THE SPECIAL IMMIGRATION APPEALS COMMISSION
IN THE MATTER OF AN APPEAL UNDER SECTION 2B OF THE SPECIAL IMMIGRATION APPEALS COMMISSION ACT 1997
SECRETARY OF STATE FOR THE HOME DEPARTMENT
UPON reading the appellant’s application for continued anonymity and reporting restrictions, made pursuant to the Commission’s Practice Note on Anonymity and Related Matters;
UPON considering the documents consisting of an Explanatory Note, Witness Statement of Sunita Joshi, Appellant’s submissions and draft order, lodged in accordance with paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (‘the Practice Note’)
UPON being satisfied that an anonymised explanatory note has been served on the media Legal Representatives in accordance with that Practice Note, and that no notice of objection has been served by those Legal Representatives within the relevant timeframe;
AND UPON considering the OPEN and CLOSED statements of the Respondent and the CLOSED note of the Special Advocates
IT IS ORDERED THAT:
(1) Pursuant to rule 39(5)(h) of the SIAC Procedure Rules 2003, the appellant is to be anonymised, such that he be referred to as D8 only in these proceedings; and
(2) Pursuant to section 11 of the Contempt of Court Act 1981 there shall be no publication by any person of any matter which, directly, or indirectly, could lead to the identification of D8 as an appellant in these proceedings before the Commission or which could so lead to the identification of D8’s country of nationality; and
(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 D8 indicates to the Commission, as soon as the OPEN judgment is circulated in draft, that D8 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.
DATED this 7th day of July 2022