Mr. P and the Defence Forces [2015] IEIC 140343 (24 March 2015)

Mr. P and the Defence Forces [2015] IEIC 140343 (24 March 2015)

The Defence Forces was justified in refusing the request as the record sought does not exist and no evidence was presented to suggest otherwise.

Citation
[2015] IEIC 140343
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, Section 10(1)(a) FOI Act
Administrative Law Freedom of Information Existence of Records Refusal of Access Section 10(1)(a) FOI Act

Case Brief

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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 a record on the basis that it does not exist under section 10(1)(a) of the FOI Act

Ratio Decidendi

The Defence Forces was justified in refusing the request as the record sought does not exist and no evidence was presented to suggest otherwise.

Court Disposition

request refused; decision affirmed

Orders

  • The decision of the Defence Forces is affirmed.