Mr X and Trinity College Dublin [2020] IEIC 99005 (8 December 2020)

Mr X and Trinity College Dublin [2020] IEIC 99005 (8 December 2020)

TCD failed to process the application as a section 10 request for a statement of reasons and instead treated it as a request for access to records; this procedural error required annulment and remittal for proper consideration under section 10.

Citation
[2020] IEIC 99005
Parties
Applicant: Mr X; Respondent: Trinity College Dublin
Jurisdiction
Ireland
Judgment Date
08 December 2020
Procedural Posture
Freedom of Information Review / Decision on Review by Information Commissioner
Outcome
decision annulled and remitted
Legal Topics
Statement of Reasons, Procedural Fairness, Remittal for Fresh Consideration
Administrative Law Freedom of Information Statement of Reasons Procedural Fairness Remittal for Fresh Consideration

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Parties

Mr X

Applicant

Trinity College Dublin

Respondent

Procedural Posture

Freedom of Information Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether TCD was justified in refusing the application under section 10 of the FOI Act for a statement of reasons for various acts

Ratio Decidendi

TCD failed to process the application as a section 10 request for a statement of reasons and instead treated it as a request for access to records; this procedural error required annulment and remittal for proper consideration under section 10.

Court Disposition

decision annulled and remitted

Orders

  • The decision of TCD is annulled.
  • TCD is directed to conduct a fresh decision-making process under section 10 of the FOI Act.