E5 -v- Secretary of State for the Home Department (anonymity order)
Case Number: SC/184/2021
In the Special Immigration Appeals Commission
17 January 2023
Between:
E5
-v-
Secretary of State for the Home Department
Amended Order
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 14 December 2022 by email
ON the Legal Representatives having made no objection to the application
ON considering the application notice, witness statement 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 Appellant undertaking to keep the Commission and the Secretary of State informed of any matter which may affect the continued need for this order
AND ON hearing counsel for the Appellant, counsel for the Secretary of State and special advocates at the start of the hearing on 17 January 2023
AND ON counsel agreeing that there should be an order prohibiting identification of the country of which E5 is a national
IT IS ORDERED THAT
- Pursuant to rule 39(5)(h) of the Special Immigration Appeals Commission Procedure Rules 2003 the Appellant is to be anonymised, and referred to only as “E5” in these proceedings;
- 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 E5 as an Appellant in these proceedings before the Commission; or to the identification of any member of his family; or of the country of which the Appellant is a national;
- 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);
- The Appellant shall keep the Commission, Secretary of State and Legal Representatives informed of any developments which are relevant to the continuation of the anonymity order;
- 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.