Mr. X and Defence Forces [2021] IEIC OIC-101504-F7Q9B4 (4 October 2021)

Mr. X and Defence Forces [2021] IEIC OIC-101504-F7Q9B4 (4 October 2021)

The applicant was not entitled to a statement of reasons for the acts identified because the reasons for the named Officer completing the AF667 and the delay did not affect whether the applicant received a benefit, loss, penalty, or disadvantage. The Defence Forces was not required to provide a statement of reasons for these acts under section 10 of the FOI Act.

Citation
[2021] IEIC OIC-101504-F7Q9B4
Parties
Applicant: Mr. X; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
04 October 2021
Procedural Posture
FOI Review / Final Decision
Outcome
decision affirmed
Legal Topics
Statement of Reasons, Material Interest, Performance Appraisal, FOI Act Section 10
Administrative Law Freedom of Information Statement of Reasons Material Interest Performance Appraisal FOI Act Section 10

Case Brief

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Parties

Mr. X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether Defence Forces complied with section 10 of the FOI Act regarding provision of reasons for acts relating to completion of 2016 AF667

Ratio Decidendi

The applicant was not entitled to a statement of reasons for the acts identified because the reasons for the named Officer completing the AF667 and the delay did not affect whether the applicant received a benefit, loss, penalty, or disadvantage. The Defence Forces was not required to provide a statement of reasons for these acts under section 10 of the FOI Act.

Court Disposition

decision affirmed

Orders

  • Defence Forces not required to provide statement of reasons for acts identified by applicant