Mr Justice Edis:
1.
These are the OPEN reasons for the Determination of the Tribunal dated 26th
September 2018 which followed a hearing on 25th September 2018. There is also a
CLOSED statement of reasons. These reasons are the responsibility of the four
currently serving members of the Tribunal following the retirement of Sir Michael
Burton as President on 26th September 2018. All four members have contributed to the
preparation of the OPEN and CLOSED reasons. Any further proceedings will be dealt
with by a constitution of the Tribunal including the President.
2.
“Avowal” in relation to BCD occurred on 4th November 2015 and in relation to BPD on
11th March 2015, as explained in the first judgment. “Pre-avowal” means prior to the
avowal date for the type of material concerned.
3.
The determinations made by the Tribunal on 26th September were as follows:i)
That GCHQ has held BPD pre-avowal and BCD relating to the Claimant pre-16
October 2016 (because of the unlawfulness of the obtaining of some material
under invalid authorisations granted prior to that date);
ii)
That the Security Service has:
a)
held BPD and BCD relating to the Claimant unlawfully pre-avowal;
b)
accessed or examined BPD and BCD relating to the claimant preavowal.
iii)
4.
That SIS held BPD relating to the claimant pre-avowal.
This claim has resulted in three substantive open judgments, as summarised in
paragraphs [1]-[3] of the last in that series, “the third judgment” delivered on 23rd July