IN THE SPECIAL IMMIGRATION APPEALS COMMISSION SC/127/2020
IN THE MATTER OF AN APPEAL UNDER SECTION 2 OF THE SPECIAL IMMIGRATION APPEALS COMMISSION ACT 1997
SECRETARY OF STATE FOR THE HOME DEPARTMENT
UPON reading the appellant’s application for continued anonymity and reporting restrictions, made pursuant to the Commission’s Practice Note on Anonymity and Related Matters;
UPON considering the documents consisting of an Application Notice, Explanatory Note, Witness Statement of Daniel Furner and Legal Submissions (‘the documents’) lodged in accordance with paragraph 28 of the Commission’s Practice Note on Anonymity Orders and Related Measures (‘the Practice Note’)
UPON being satisfied that an anonymised explanatory note has been served on the media Legal Representatives in accordance with that Practice Note, and that no notice of objection has been served by those Legal Representatives within the relevant timeframe;
AND UPON 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) Pursuant to rule 39(5)(h) of the SIAC Procedure Rules 2003 the appellant is to be anonymised, such that he be referred to as “R2” only in these proceedings;
(2) 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 R2 as an appellant in these proceedings before the Commission; and
(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 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.
DATED this 10th day of August 2022