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

Special Immigration Appeals CommissionAnonymity Order

Appeal Number: SN/01/2024

In the Special Immigration Appeals Commission

19 March 2024

Before:
Mr Justice Jay

Between:
EP
-v-
Secretary of State for the Home Department


Anonymity Order

On the Applicant’s application of 28 February 2024, for continuation of the Commission’s interim anonymity order dated 25 January 2024, 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 considering the documents (application notice, legal submissions, draft order, and the explanatory note to the Media Legal Representatives describing what the case is about) (‘the documents’) lodged pursuant to paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (“the Practice Notice”).
On the Media Legal Representatives having been notified of the application by email on 28 February 2024 and upon there being no representations filed by any media organisation or anyone else as to why the Order should not remain in force.
On considering the documents (application notice, legal submissions, a draft order, and the explanatory note to the Media Legal Representatives describing what the case is about) (“the documents”) lodged pursuant to paragraph 28 of the Practice Notice.
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.
And upon it appearing that the reasons given in the order made on 25 January 2024 continue to justify the order that was made.


It is ordered that:

  1. The Anonymity Order of 25 January 2024, following its expiry on 22 February 2024, be extended for an indefinite period, or until further order, and that the Applicant shall continue to be granted anonymity in relation to the conduct of proceedings in the Commission and be anonymised by the initials EP.
  2. Nothing may be published which, directly, or indirectly, identifies the Applicant as a party to these proceedings before the Commission.
  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 Media Legal Representatives (as defined in the Practice Note).
  4. This order continues until the OPEN judgment has been handed down in this application, 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 that judgment is handed down, for directions for the determination of any such application.

BY THE COMMISSION
Mr Justice Jay
Dated this 19th Day of March 2024