DM -v- SSHD (anonymity order)
Case number: SN/05/2024
In the Special Immigration Appeals Commission
18 October 2024
Before:
Mr Justice Jay
Between:
DM
-v-
Secretary of State for the Home Department
Order
UPON the Applicant’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”)
AND UPON the Legal Representatives having been notified of the application on 3 October 2024 by email
AND UPON the Legal Representatives having made no objection to the application
AND UPON consideration of the application notice, witness statement of DM and legal note (“the documents”) lodged in accordance with paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (“the Practice Note”)
AND ON 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. Pursuant to Rule 39(5)(h) of the Special Immigration Appeals Commission Procedure Rules 2003 the Applicant is to be anonymised and referred to only as DM in these proceedings.
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 the Applicant in connection with these proceedings before the Commission, or to the identification of any member of his family.
3. There be liberty to apply 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).
4. The Applicant shall keep the Commission, Secretary of State and Legal Representatives informed of any developments which are relevant to the continuation of the anonymity order.
5. The order continues until the OPEN judgment has been handed down in the appeal, or further order in the meantime, unless the Applicant 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 the judgment is handed down, for directions for the determination of any such application.
MR JUSTICE JAY
Dated this 18th day of October 2024