Mr P and the Defence Forces [2015] IEIC 140340 (24 March 2015)

Mr P and the Defence Forces [2015] IEIC 140340 (24 March 2015)

The Defence Forces was justified in refusing access to the requested records under section 10(1)(a) of the FOI Act because, after reasonable searches and explanations, it was established that the records do not exist.

Citation
[2015] IEIC 140340
Parties
Applicant: Mr P; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
24 March 2015
Procedural Posture
Freedom of Information Review / Decision on Review
Outcome
request refused; decision affirmed
Legal Topics
Existence of Records, Refusal of Access, Adequacy of Search, Section 10(1)(a) FOI Act
Administrative Law Freedom of Information Existence of Records Refusal of Access Adequacy of Search Section 10(1)(a) FOI Act

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Parties

Mr P

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to records on the grounds that they do not exist under section 10(1)(a) of the FOI Act

Ratio Decidendi

The Defence Forces was justified in refusing access to the requested records under section 10(1)(a) of the FOI Act because, after reasonable searches and explanations, it was established that the records do not exist.

Court Disposition

request refused; decision affirmed