The Appeal 25. The Appellant issued the Appeal on 23 November 2022 (A22- 29). In it the outcome sought is:“I request from the Tribunal a substituted decision notice in which the University of Essex is ordered to disclose the entire Reindorf Report subject to the (hopefully small) redactions specified by the Tribunal in a confidential annex." 26. The Appeal is supported by a letter dated 23 November 2022 (A30-A34) as part of the GoA from A35- A127. Since the Appeal was lodged, in summary (but see the Appendix for a fuller version) on:16 December 2022 the IC provided a Response 28 December 2022 the Appellant Replied 27 January 2023 UoE was added as a party 14 March 2023 UoE provided a Response 20 March 2023 the Appellant Replied Role of the Tribunal 27. The Tribunal's role in an Appeal by section 57 FOIA relates to the IC’s DN and is set out in section 58. This provides that:- (1) If on an appeal under section 57 the Tribunal considers— (a) that the notice against which the appeal is brought is not in accordance with the law, or (b) to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion differently, the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other case the Tribunal shall dismiss the appeal. (2) On such an appeal, the Tribunal may review any finding of fact on which the notice in question was based. 28. In Information Commissioner v Malnick and Advisory Committee On Business Appointments [2018] UKUT 72 (AAC) (see para 90) the UT said:“As is clear from section 58(2) and Birkett...the F-tF exercises a full merits appellate jurisdiction and so stands in the shoes of the Commissioner and decides which (if any) exemptions apply. If it disagrees with the Commissioner’s decision, the 9

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