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

Case No. C2/20201 I 2 l 2(D)

 

ON APPEAL FROM THE UPPER TRIBUNAL {IMMIGRATION AND ASYLUM CHAMBER)

20 October 2020

Before:
LORD JUSTICE DINGEMANS
Between:
THE QUEEN ON THE APPLICATION OF YA (SOMALIA)
-v-
THE SECRETARY OF STATE FOR THE HOME DEPARTMENT


UPON reading the Appellant’s application and written submissions dated 19 October 2020, the Respondent’s written submissions dated 20 October 2020, the Judgment of Foster J dated 10 July 2020, and the email from Associated Newspapers Ltd sent on 21 October 2020;
AND PURSUANT TO s.11 Contempt of Court Act 1981; CPR 39.2(4); and CPR 5.4 C(4)(d);
IT IS ORDERED THAT:

1.The hearing of the Appellant’s application for anonymity. listed for 2.00 pm. on 21 October 2020, be adjourned to be listed as set out in paragraph 4 below.

  1. The Appellant shall serve on Associated Newspapers Ltd no later than 4.00 pm. on 22 October 2020 copies of (i) the application for anonymity in these proceedings; (ii) the submissions of the Appellant and the Respondent in relation to that application (including the Appellanf s permission skeleton argument dated 20 July 2020 and the Appellant’s skeleton argument in support of the appeal dated 1 October 2020; (iii) the draft agreed order lodged with the Court on 21 October 2020.
  2. Associated Newspapers Ltd shall file any written submissions in respect of the application for an anonymity order by 4pm on 3 November 2020.

4.The matter will be set down thereafter for a hearing of the application before to Lord or Lady Justices (being Lord Justice Davis and Lord Justice Dingemans if available).

  1. Pending the Court’s decision on the application, the following orders will be in place:

(a) Pursuant to CPR 39.2(4), the identity of the Appellant shall not be disclosed.

(b) The Orders of Upper Tribunal Judge Perkins (dated 22 October 2019) and of Mrs Justice Foster (dated 10 July 2020) prohibiting the disclosure or publication of any matter likely to lead members of the public to identify the Appellant are continued.

( c) In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:

  1. The Appellant shall be referred to as ··y A”:
  2. The doctor commissioned by the Respondent to provide treatment to the Appellant in his country of origin shall be referred to as ·’Dr S”:
  • The medical centre commissioned by the Respondent to provide treatment to the Appellant in his country of origin shall be referd to as “the medical centre”;
  1. Any other details liable to lead to the identification of the Appellant shall be removed or redacted before publication.

(d)  Pursuant to CPR 5.4C(4): non-parties to the appeal may not obtain a copy of any statement of case, judgment or order or any other document filed by a party unless that document has been edited to remove information which might identify the Appellant and/or the doctor and/or medical centre commissioned by the Respondent to treat the Appellant on return to his country of origin.

( e) If a non-party applies for pern1ission to inspect or obtain a copy of any other document or communication. such application shall be on at least 7 days· notice to the Appe!lanf s Solicitor or Deputy.

(f)   The Court file shall be clearly marked with the words “An anonymity order was made in this case on 21 October 2020 and any application by a non-party to inspect or obtain an copy document from this file must be dealt with in accordance with the terms of that Order.”

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