Mr Y and Defence Forces [2020] IEIC 96871 (20 November 2020)

Mr Y and Defence Forces [2020] IEIC 96871 (20 November 2020)

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

Citation
[2020] IEIC 96871
Parties
Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction
Ireland
Judgment Date
20 November 2020
Procedural Posture
Freedom of Information Review / Final Decision by Information Commissioner
Outcome
request refused; refusal affirmed
Legal Topics
Refusal of Access to Records, Adequacy of Search, Existence of Records, Section 15(1)(a) FOI Act
Administrative Law Freedom of Information Refusal of Access to Records Adequacy of Search Existence of Records Section 15(1)(a) FOI Act

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Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Final Decision by Information Commissioner

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing access to records relating to the applicant’s 2017 performance review under section 15(1)(a) of the FOI Act on the ground that no relevant records exist or can 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 as all reasonable steps were taken to locate the records and none could be found or are believed to exist.

Court Disposition

request refused; refusal affirmed