Mr Y and Defence Forces (Defence Forces) [2021] IEIC 103669 (12 May 2021)

Mr Y and Defence Forces (Defence Forces) [2021] IEIC 103669 (12 May 2021)

The Defence Forces was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because it has taken all reasonable steps to locate the records and none could be found or are believed to exist.

Citation
[2021] IEIC 103669
Parties
Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
12 May 2021
Procedural Posture
FOI Review / Decision on Review by Information Commissioner
Outcome
request refused and original decision affirmed
Legal Topics
Refusal of Access, Existence of Records, Adequacy of Search, Section 15(1)(a) FOI Act
Freedom of Information Refusal of Access Existence of Records Adequacy of Search Section 15(1)(a) FOI Act

Case Brief

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Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to an accident report form and related records under section 15(1)(a) of the FOI Act on the ground that no relevant records exist or could be found

Ratio Decidendi

The Defence Forces was justified in refusing access to the requested records under section 15(1)(a) of the FOI Act because it has taken all reasonable steps to locate the records and none could be found or are believed to exist.

Court Disposition

request refused and original decision affirmed