Mr X and Defence Forces [2020] IEIC 59423 (10 March 2020)

Mr X and Defence Forces [2020] IEIC 59423 (10 March 2020)

The Defence Forces did not have full regard to the applicant’s correspondence indicating that he believed not all records had been released, and failed to take reasonable steps to ascertain whether the full file had previously been released before refusing the request under section 15(1)(i).

Citation
[2020] IEIC 59423
Parties
Applicant: Mr X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
10 March 2020
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
decision annulled and remitted
Legal Topics
Access to Records, Previous Release of Records, Reasonable Search Obligations
Freedom of Information Access to Records Previous Release of Records Reasonable Search Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Mr X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to records relating to the applicant’s late father under section 15(1)(i) of the FOI Act

Ratio Decidendi

The Defence Forces did not have full regard to the applicant’s correspondence indicating that he believed not all records had been released, and failed to take reasonable steps to ascertain whether the full file had previously been released before refusing the request under section 15(1)(i).

Court Disposition

decision annulled and remitted

Orders

  • The decision of the Defence Forces is annulled.
  • The Defence Forces is directed to conduct a new decision-making process on the applicant’s request for access to additional records relating to his late father.