Mr. M and Defence Forces [2021] IEIC OIC-108091-V5P3H0 (30 September 2021)

The Defence Forces took all reasonable steps to locate relevant records and was justified in refusing the request under section 15(1)(a) of the FOI Act as no relevant records exist or can be found.

Citation: [2021] IEIC OIC-108091-V5P3H0
Parties: Applicant: Mr. M; Respondent: Defence Forces
Jurisdiction: Ireland
Judgment Date: 30 September 2021
Procedural Posture: FOI Review / Decision on Review by Information Commissioner
Outcome: request refused; decision affirmed
Legal Topics: Refusal of Access, Existence of Records, Search Adequacy, Public Records

Freedom of Information Refusal of Access Existence of Records Search Adequacy Public Records

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Parties

Mr. M

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

1 Whether the Defence Forces was justified in refusing the applicant’s request for files relating to unknown aerial objects or unknown aerial phenomena for the period January 2008 to December 2019 under section 15(1)(a) of the FOI Act on the grounds that no relevant records exist or can be found

Ratio Decidendi

The Defence Forces took all reasonable steps to locate relevant records and was justified in refusing the request under section 15(1)(a) of the FOI Act as no relevant records exist or can be found.

Court Disposition

request refused; decision affirmed