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E6 -v- The Secretary of State for the Home Department (anonymity order)

|Court of Appeal|Anonymity Order

SC/185/2021

IN THE SPECIAL IMMIGRATION APPEALS COMMISSION

Date: 22/11/2021

BETWEEN:
E6
-v-
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT

                                                                       

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;

ON the Legal Representatives having been notified of the application by way of service on 5 November 2021 by email of the explanatory note, as defined in para 28(v) of the Commission’s Practice Note on Anonymity Orders and Related Measures (“the Practice Note”);

ON considering the documents lodged and served in accordance with para 28 of the Practice Note, namely:

  • application notice;
  • the witness statements of Julia Onslow-Cole (dated 5 November 2021) and AB (dated 4 November 2021);
  • the expert report of Professor William Butler (dated 3 November 2021);
  • legal submissions; and
  • the explanatory note;

ON counsel for the media having been served with the explanatory note on 5 November 2021, and on the Appellant’s representative confirming that they have not received any response to the explanatory note, or request to see the materials lodged in support of the application, or notice of intention to oppose the application, within 14 days of such service;

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:

  1. The Appellant be granted anonymity in relation to the conduct of these proceedings in the Commission and that he be known in these proceedings as “E6”.
  2. Nothing may be published which directly or indirectly identifies the Appellant as an appellant in these proceedings before the Commission.
  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 be handed down in these proceedings 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.

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