Mr X and Defence Forces (Defence Forces) [2022] IEIC 125682 (15 November 2022)

The Defence Forces was not justified in refusing access to all relevant records under section 15(1)(i) because an additional relevant record was located that had not been released to the applicant.

Citation: [2022] IEIC 125682
Parties: Applicant: Mr X; Respondent: Defence Forces
Jurisdiction: Ireland
Judgment Date: 15 November 2022
Procedural Posture: FOI Review / Decision on Review
Outcome: decision annulled
Legal Topics: FOI Act Section 15(1)(i), Access to Records, Previous Release of Records

Administrative Law Freedom of Information FOI Act Section 15(1)(i) Access to Records Previous Release of Records

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Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

1 Whether the Defence Forces was justified in refusing access to records under section 15(1)(i) of the FOI Act on the ground that the records were previously released

Ratio Decidendi

The Defence Forces was not justified in refusing access to all relevant records under section 15(1)(i) because an additional relevant record was located that had not been released to the applicant.

Court Disposition

decision annulled

Orders

The decision of the Defence Forces is annulled.
The Defence Forces must undertake a fresh decision making process on the request for records in accordance with the FOI Act.