Mr N and Irish Greyhound Board (FOI Act 2014) [2017] IEIC 170268 (29 September 2017)

The IGB failed to provide sufficient evidence or a schedule of records to justify refusal under sections 15(1)(d) and 15(1)(i); thus, the refusal was not justified and the decision must be annulled.

Citation: [2017] IEIC 170268
Parties: Applicant: Mr N; Respondent: Irish Greyhound Board
Jurisdiction: Ireland
Judgment Date: 29 September 2017
Procedural Posture: FOI Review / Decision on Review
Outcome: decision annulled
Legal Topics: FOI Refusal, Public Domain Records, Previously Released Records, Burden of Proof Under FOI

Administrative Law Freedom of Information FOI Refusal Public Domain Records Previously Released Records Burden of Proof Under FOI

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Parties

Mr N

Applicant

Irish Greyhound Board

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

1 Whether the IGB was justified in refusing access to records under sections 15(1)(d) and 15(1)(i) of the FOI Act

Ratio Decidendi

The IGB failed to provide sufficient evidence or a schedule of records to justify refusal under sections 15(1)(d) and 15(1)(i); thus, the refusal was not justified and the decision must be annulled.

Court Disposition

decision annulled

Orders

IGB to conduct a fresh decision-making process and issue a new first instance decision in accordance with the FOI Act