Shervin Sameni Fallah v The Information Commissioner

Shervin Sameni Fallah v The Information Commissioner

The Tribunal lacks jurisdiction because the Information Commissioner provided an outcome to the complaint and took all required procedural steps; the Applicant's challenge concerns substantive matters outside the Tribunal's powers under section 166 DPA 2018. There is no reasonable prospect of success as the remedies sought are not within the Tribunal's jurisdiction.

Parties
Applicant: Shervin Sameni Fallah; Respondent: The Information Commissioner
Jurisdiction
England and Wales
Judgment Date
21 May 2026
Procedural Posture
Application Under Section 166(2) of the Data Protection Act 2018 / Strike Out Application Determined Without a Hearing
Outcome
Application struck out for want of jurisdiction and no reasonable prospect of success.
Legal Topics
Subject Access Request, Procedural Jurisdiction, Tribunal Powers, Section 166 DPA 2018, Information Commissioner's Discretion
Data Protection Administrative Law Subject Access Request Procedural Jurisdiction Tribunal Powers Section 166 DPA 2018 Information Commissioner's Discretion

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Parties

Shervin Sameni Fallah

Applicant

The Information Commissioner

Respondent

Procedural Posture

Application Under Section 166(2) of the Data Protection Act 2018 / Strike Out Application Determined Without a Hearing

Legal Issues

  1. 1 Whether the Tribunal has jurisdiction to consider the Second Application under section 166 DPA 2018
  2. 2 Whether the Information Commissioner failed to take appropriate procedural steps after new evidence and review requests
  3. 3 Whether the Tribunal can grant the remedies sought by the Applicant under section 166 DPA 2018

Ratio Decidendi

The Tribunal lacks jurisdiction because the Information Commissioner provided an outcome to the complaint and took all required procedural steps; the Applicant's challenge concerns substantive matters outside the Tribunal's powers under section 166 DPA 2018. There is no reasonable prospect of success as the remedies sought are not within the Tribunal's jurisdiction.

Court Disposition

Application struck out for want of jurisdiction and no reasonable prospect of success.

Orders

  • The Application is struck out under Rule 8(2)(a) because the Tribunal does not have jurisdiction to deal with it.
  • The Application is struck out under Rule 8(3)(c) because there is no reasonable prospect of it succeeding.