Mr Y and Defence Forces (Defence Forces) [2022] IEIC 127327 (16 December 2022)

The Defence Forces took all reasonable steps to locate the requested records, including comprehensive electronic and manual searches using relevant search terms and examination of hard copy files. No further relevant records exist or can be found. Therefore, refusal under section 15(1)(a) was justified.

Citation: [2022] IEIC 127327
Parties: Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction: Ireland
Judgment Date: 16 December 2022
Procedural Posture: Freedom of Information Review / Formal Binding Decision After Internal Review and Prior Decisions Annulled
Outcome: Request refused; decision of Defence Forces affirmed
Legal Topics: Access to Records, Reasonable Search, Refusal of Request, Section 15(1)(a) FOI Act

Administrative Law Freedom of Information Access to Records Reasonable Search Refusal of Request Section 15(1)(a) FOI Act

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 1 Party arguments 2

Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Formal Binding Decision After Internal Review and Prior Decisions Annulled

Legal Issues

1 Whether the Defence Forces was justified in refusing access to further records under section 15(1)(a) of the FOI Act on the ground that no further relevant records exist or can be found after all reasonable steps have been taken

Ratio Decidendi

Court Disposition

Request refused; decision of Defence Forces affirmed

Orders

Refusal of access to further relevant records under section 15(1)(a) of the FOI Act affirmed