Mr Y and Defence Forces [2021] IEIC OIC-106789 (10 June 2021)

Mr Y and Defence Forces [2021] IEIC OIC-106789 (10 June 2021)

The Defence Forces was not justified in refusing the applicant’s request under section 15(1)(a) of the FOI Act because relevant records were subsequently located, requiring a fresh decision-making process.

Citation
[2021] IEIC OIC-106789
Parties
Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
10 June 2021
Procedural Posture
FOI Review / Decision on Review
Outcome
decision annulled; remitted for fresh decision
Legal Topics
Refusal of Access, Existence of Records, Search Obligations, Pre Commencement Records
Freedom of Information Refusal of Access Existence of Records Search Obligations Pre Commencement Records

Case Brief

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Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access under section 15(1)(a) of the FOI Act on the ground that no relevant records could be found

Ratio Decidendi

The Defence Forces was not justified in refusing the applicant’s request under section 15(1)(a) of the FOI Act because relevant records were subsequently located, requiring a fresh decision-making process.

Court Disposition

decision annulled; remitted for fresh decision

Orders

  • The decision of the Defence Forces to refuse access under section 15(1)(a) of the FOI Act is annulled.
  • The Defence Forces is directed to conduct a fresh decision-making process in respect of the applicant’s request.