Someone asked the government for info about their family's British citizenship. The government said they didn't have it. The person appealed, but the court said it couldn't help them get citizenship; it can only deal with whether the government followed the rules in its search, which it did.
Key Facts
- •John Samson Miller (Appellant) appealed a Decision Notice from the Information Commissioner (Respondent) dated June 1, 2023.
- •The Appellant requested information from the Home Office regarding whether his grandparents were registered British citizens.
- •The Home Office conducted searches and informed the Appellant they did not hold the requested passport records.
- •The Information Commissioner concluded that the Home Office had complied with the Freedom of Information Act 2000 (FOIA) and did not hold the requested information.
- •The Appellant's appeal did not challenge the Home Office's searches or the Commissioner's Decision Notice but sought assistance from the Tribunal in establishing British nationality.
Legal Principles
The Tribunal's jurisdiction under sections 57 and 58 of the FOIA is limited to deciding whether there was an error of law or inappropriate exercise of discretion in the Decision Notice.
Freedom of Information Act 2000
An appeal can be struck out if the subject matter falls outside the Tribunal's jurisdiction.
Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009
Outcomes
The appeal was struck out.
The Appellant's appeal sought assistance in establishing British nationality, which falls outside the Tribunal's jurisdiction under the FOIA. The appeal did not challenge any error of law or inappropriate exercise of discretion in the Commissioner's Decision Notice.