WIEDER AND GUARNIERI v. THE UNITED KINGDOM JUDGMENT “Under section 68(4) of [RIPA], when not making a determination in favour of an applicant, the Tribunal is only permitted to inform such a complainant that no determination has been made in his favour. If no determination is made in favour of the complainant that may mean that there has been no conduct in relation to the complainant by any relevant body which falls within the jurisdiction of the Tribunal, or that there has been some official activity which is not in contravention of [RIPA]. The provisions of [RIPA] do not allow the Tribunal to disclose whether or not your client is, or has been, of interest to the security, intelligence or law enforcement agencies. Nor is the Tribunal permitted to disclose what evidence it has taken into account in considering your client’s complaint.” 26. The IPT wrote a similar letter to Mr Wieder on 12 September 2016, informing him that his complaint had been considered in light of all relevant evidence and no determination had been made in his favour. RELEVANT LEGAL FRAMEWORK AND PRACTICE I. SECRET SURVEILLANCE REGIMES 27. The relevant domestic law and practice is set out in Big Brother Watch and Others, cited above, §§ 61-201. II. THE IPT: JURISDICTION, JUDICIAL REVIEW AND APPEALS 28. Pursuant to section 64(4) of RIPA, the IPT was the appropriate forum for any complaint by a person aggrieved by, inter alia, conduct by or on behalf of any of the intelligence agencies which he believed to have taken place in relation to him, his property, communications sent by or to him, or intended for him, or to his use of any postal service, telecommunications service or telecommunication system. Pursuant to section 67(1) and (4)-(5) it was the duty of the IPT to hear and consider any complaint made to it, save where the complaint was frivolous or vexatious, or had been made out of time. 29. At the time the applicants brought their domestic proceedings, section 67(8) of RIPA provided that “[e]xcept to such an extent as the Secretary of State may by order otherwise provide, determinations, awards, orders and other decisions of the [Investigatory Powers] Tribunal (including decisions as to whether they have jurisdiction) shall not be subject to appeal or be liable to be questioned in any court”. However, in R (on the application of Privacy International) v Investigatory Powers Tribunal and others ([2019] UKSC 22), which was handed down on 15 May 2019, the Supreme Court, by a majority of four votes to three, held that section 67(8) of RIPA did not preclude judicial review of a decision of the IPT. In so doing, it disagreed with the first instance court and the Court of Appeal, both of which had held that section 67(8) did preclude judicial review of a decision of the IPT. 7