Mr Y and Defence Forces [2020] IEIC 99610 (8 December 2020)

The Defence Forces was justified in refusing access to further records because, after all reasonable steps were taken, no additional relevant records exist or can be found.

Citation: [2020] IEIC 99610
Parties: Applicant: Mr Y; Respondent: Defence Forces
Jurisdiction: Ireland
Judgment Date: 08 December 2020
Procedural Posture: FOI Review / Decision on Review by Information Commissioner
Outcome: refusal affirmed
Legal Topics: Refusal of Access to Records, Adequacy of Search, Section 15(1)(a) FOI Act, Statutory Timeframes

Freedom of Information Administrative Law Refusal of Access to Records Adequacy of Search Section 15(1)(a) FOI Act Statutory Timeframes

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Parties

Mr Y

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review by Information Commissioner

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 such additional records exist or can be found

Ratio Decidendi

The Defence Forces was justified in refusing access to further records because, after all reasonable steps were taken, no additional relevant records exist or can be found.

Court Disposition

refusal affirmed

Orders

The decision of the Defence Forces to refuse access to further records under section 15(1)(a) of the FOI Act is affirmed.