National Security appeals Panel

National Security Certificate

There used to be a separate National Security Appeals Panel (NSAP) of the Tribunal which heard appeals against certificates issued by a Minister of the Crown under Section 28 of the Data Protection Act 1998 (DPA), and section 60 of the Freedom of Information Act 2000 (FOIA).

Anyone directly affected by the issue of a certificate was able to appeal against it and the Tribunal applied the principles of judicial review to the certificate considering whether the Minister had reasonable grounds for issuing it. Now such appeals will be heard in the Administrative Appeals Chamber of the Upper Tribunal but you will need to lodge your appeal/application against a certificate with the First–tier Tribunal (Information Rights) before it is transferred to the Upper Tribunal.

Mandatory Transfers

Under the Rules of Procedure the First-tier Tribunal is required to transfer certain national security cases to the Upper Tribunal. Also the FTT can recommend to the Chamber President of the GRC that some cases should be transferred to the Administrative Appeals Chamber (AAC) of the Upper Tribunal. He can then consult with the Chamber President of the AAC as to whether it would be appropriate to transfer the case to be heard in the first instance before the AAC. The Chambers have produced a joint office note which explains the process.

Mandatory Transfers Of National Security Certificate Appeals (Information Rights) (PDF 12KB)

Past National Security Appeals decisions

HM Courts & Tribunals Service

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