Mr X and State Examinations Commission (FOI Act 2014) [2019] IEIC 53504 (2 August 2019)

Mr X and State Examinations Commission (FOI Act 2014) [2019] IEIC 53504 (2 August 2019)

The SEC conducted all reasonable searches for the relevant record and the record sought cannot be located or does not exist; refusal under section 15(1)(a) is justified.

Citation
[2019] IEIC 53504
Parties
Applicant: Mr X; Respondent: State Examinations Commission
Jurisdiction
Ireland
Judgment Date
02 August 2019
Procedural Posture
FOI Review / Final Decision
Outcome
request refused
Legal Topics
Access to Records, Search Obligations, Record Existence
Administrative Law Freedom of Information Access to Records Search Obligations Record Existence

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Parties

Mr X

Applicant

State Examinations Commission

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the SEC was justified in refusing access to an examination result from 1957 under section 15(1)(a) of the FOI Act on the ground that the record sought does not exist or cannot be found

Ratio Decidendi

The SEC conducted all reasonable searches for the relevant record and the record sought cannot be located or does not exist; refusal under section 15(1)(a) is justified.

Court Disposition

request refused

Orders

  • Decision of SEC affirmed; request for Statement of Results for 1957 Woodwork Group Certificate examination refused under section 15(1)(a) FOI Act.