Mr Y and Defence Forces [2020] IEIC 98764 (2 December 2020)

Mr Y and Defence Forces [2020] IEIC 98764 (2 December 2020)

The Defence Forces was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because no relevant records exist or can be found after all reasonable steps to ascertain their whereabouts have been taken.

Citation
[2020] IEIC 98764
Parties
Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
02 December 2020
Procedural Posture
FOI Review / Final Decision
Outcome
request refused
Legal Topics
Access to Records, Search Obligations, Redress of Wrongs Investigation
Administrative Law Freedom of Information Access to Records Search Obligations Redress of Wrongs Investigation

Case Brief

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Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Final Decision

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to records under section 15(1)(a) of the FOI Act

Ratio Decidendi

The Defence Forces was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because no relevant records exist or can be found after all reasonable steps to ascertain their whereabouts have been taken.

Court Disposition

request refused

Orders

  • Decision of Defence Forces affirmed; refusal of access under section 15(1)(a) of FOI Act upheld.