H6 -v- Special Immigration Appeals Commission

Special Immigration Appeals CommissionOrder

Claim number: AC-2024-LON-004002

In the High Court of Justice
King’s Bench Division
Administrative Court

11 December 2024

Before:

The Rt Hon. Dame Victoria Sharp
(President of the King’s Bench Division)
and
the Hon. Mr Justice Chamberlain

Between:

The King
on the application of
H6
(Claimant)

-v-

Special Immigration Appeals Commission
(Defendant)

and

Secretary of State for the Home Department
(Interested party)

Order

UPON the Claimant’s application for judicial review of the order of the Defendant dated 28 November 2024 refusing to extend beyond the date when judgment is handed down, the order granting the Claimant anonymity and restricting reporting of anything likely to lead to his identification;
AND UPON the Claimant’s application for urgent interim relief;
AND UPON the Court determining pursuant to CPR 39.2(3)(a) and (g) that, because the application relates to an embargoed judgment which has not yet been handed down, the application should be heard in private;
AND UPON hearing Guy Vassall-Adams KC for the Claimant and Rory Dunlop KC for the Interested Party at a hearing in private at 3pm on 11 December 2024, the Defendant having indicated that it does not wish to participate in the proceedings;  

AND UPON the Court indicating that, having regards to s. 12(1), (3) and (4) of the Human Rights Act 1998, interim relief is justified only for a very short period until SIAC and the Court of Appeal have had the opportunity to consider an application for permission to appeal from SIAC’s substantive judgment or (if permission to appeal is granted) until the Court of Appeal has determined the appeal;
AND UPON the Claimant undertaking through Counsel that he will make any application for permission to appeal from SIAC’s substantive judgment (i) to SIAC within 3 working days of the date of the handing down of the judgment and, (ii) if permission to appeal is refused by SIAC, to the Court of Appeal within 3 working days of SIAC’s order refusing permission to appeal;

IT IS ORDERED as follows:

  1. The claim is to be listed for a rolled-up hearing during the Hilary Term 2025 on a date to be fixed after consultation with the parties’ representatives.
  2. The Defendant is directed to take such steps as are required to maintain in place the Claimant’s anonymity, and the existing reporting restrictions, until the date of any rolled-up hearing, save that the Defendant may provide for anonymity to be lifted if, before that date, (a) no application for permission to appeal is made within the periods referred to in the fourth recital above, (b) permission to appeal from the decision in the substantive appeal to SIAC is refused by the Court of Appeal or (c) if permission to appeal is granted by SIAC or the Court of Appeal, any appeal is dismissed by the Court of Appeal.
  3. Costs reserved.
  4. The Claimant and Interested Party have liberty to apply to vary or discharge this Order.

BY THE COURT
11 December 2024