Mr X and the Defence Forces (FOI Act 2014) (Defence Forces) [2018] IEIC 170500 (10 January 2018)

The Defence Forces was justified in refusing the request under section 15(1)(a) of the FOI Act because no record containing the information sought exists.

Citation: [2018] IEIC 170500
Parties: Applicant: Mr X; Respondent: Defence Forces
Jurisdiction: Ireland
Judgment Date: 10 January 2018
Procedural Posture: FOI Review / Decision on Review
Outcome: request refused; decision affirmed
Legal Topics: FOI Refusal, Existence of Records, Disciplinary Proceedings, Section 15(1)(a) FOI Act

Administrative Law Freedom of Information FOI Refusal Existence of Records Disciplinary Proceedings Section 15(1)(a) FOI Act

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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 information on the ground that no record exists under section 15(1)(a) of the FOI Act

Ratio Decidendi

The Defence Forces was justified in refusing the request under section 15(1)(a) of the FOI Act because no record containing the information sought exists.

Court Disposition

request refused; decision affirmed