F3 -v- Secretary of State for the Home Department (anonymity order)
Case Reference: SC/192/2022
In the Special Immigration Appeals Commission
5 December 2022
Between:
F3
-v-
Secretary of State for the Home Department
Anonymity 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 18 November 2022 by email
ON considering the documents (“the documents”) lodged in accordance with paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (“the Practice Note”):
a) Legal Submissions;
b) Witness Statement of Dr Connie Sozi dated 17 November 2022
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:
- The Appellant be granted anonymity in relation to the conduct of proceedings in the Commission and be known in these proceedings as F3.
- Nothing may be published which, directly, or indirectly, identifies her as an appellant in these proceedings before the Commission.
- 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).
- 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 she 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.
Reasons
F3 was deprived of her citizenship on 22 April 2017 on the basis of an allegation she is aligned with ISIL and poses a threat to the national security of the UK. F3 is presently in Camp Roj in Syria with her four British citizen children and has lodged an appeal from outside the UK.
The Anonymity Order is made for the following reasons:
i. F3 and her children are at real risk of serious ill treatment if anonymity is not maintained;
ii. anonymity is in the best interests of F3’s children: their reintegration in the UK may be compromised in the event of future repatriation if they are associated with F3;
iii. the effectiveness of F3’s appeal would be compromised without anonymity: potential witnesses, including F3’s family members, have expressed reticence in providing evidence to the Commission which would reveal their association with F3 if anonymity is not maintained.
BY THE COMMISSION