WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT the proceedings in the IPT, which did not make a determination in the applicants’ favour, Privacy International sought a judicial review of its decision insofar as it concerned section 5 of ISA and, in so doing, challenged the “ouster” clause in section 67(8) of RIPA. While the domestic challenge to section 5 of ISA was ongoing, the applicants complained to the Court under Articles 8 and 10 of the Convention about the power under section 7 of ISA. In finding that they had not exhausted domestic remedies in respect of this complaint, the Court said the following (at § 46): “As to the necessity of seeking judicial review in the circumstances the Court recalls that extraordinary remedies cannot, as a general rule, be taken into account for the purposes of applying Article 35 § 1 (see Tucka v. the United Kingdom (No. 1) (dec.), no. 34586/10, § 15, 18 January 2011 with further references). It also considers that it was not fully clear at the time the applicants made their application to this Court that pursuing a judicial review of the IPT decision was possible. However, it cannot overlook the fact that the first applicant did attempt such proceedings, was successful and that as a result judicial review proceedings concerning the complaint under section 5 of the ISA are currently pending. As those developments concern the same case and one of the applicants as in the present application, in the circumstances the Court does not regard that attempt at judicial review as an extraordinary remedy and concludes it was therefore a remedy to be exhausted by the applicants.” 72. The determinative factor was therefore that the ongoing judicial review proceedings concerned the same case, and was brought by one of the same applicants. Having pursued this challenge in respect of section 5 of ISA, there was no good reason for not having done so in respect of section 7 of ISA. However, it is clear from the Court’s findings that prior to the judgment of the Supreme Court in Privacy International, in its view it was not “fully clear” that an application for judicial review was possible, and as such, a challenge to section 67(8) of RIPA was an “extraordinary remedy” which applicants would not normally be required to exhaust. 73. As the Government have pointed out, it is perhaps surprising that the present applicants, whose solicitor also represented Privacy International in the aforementioned judicial review proceedings, did not seek to challenge the IPT’s conclusions in 2016, just as Privacy International was doing (see paragraph 63 above). However, this alone is not sufficient to overcome the fact that the Government have not sufficiently demonstrated that in 2016, when the applicants lodged the present cases before the Court, an application for judicial review of the IPT’s decision was sufficiently “certain”, either in theory or in practice, as to provide an accessible and available remedy which the applicants were required to exhaust for the purposes of Article 35 § 1 of the Convention. The Government’s preliminary objection on this issue is therefore dismissed. 22