Mr. Y and The Defence Forces [2022] IEIC OIC-114048 (4 February 2022)

Mr. Y and The Defence Forces [2022] IEIC OIC-114048 (4 February 2022)

The applicant failed to provide sufficient evidence to show, on the balance of probabilities, that the date in Part four or the statement in Part five of the AF 667 form was incomplete, incorrect, or misleading. Assertions alone, without supporting evidence, are insufficient to warrant amendment or deletion under section 9 of the FOI Act.

Citation
[2022] IEIC OIC-114048
Parties
Applicant: Mr. Y; Respondent: The Defence Forces
Jurisdiction
Ireland
Judgment Date
04 February 2022
Procedural Posture
FOI Amendment Review / Decision of Information Commissioner Under Section 22(2) of the FOI Act
Outcome
application refused; decision of Defence Forces affirmed
Legal Topics
Amendment of Personal Records, Burden of Proof Under FOI, Standard of Proof in Administrative Review
Administrative Law Freedom of Information Amendment of Personal Records Burden of Proof Under FOI Standard of Proof in Administrative Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Mr. Y

Applicant

The Defence Forces

Respondent

Procedural Posture

FOI Amendment Review / Decision of Information Commissioner Under Section 22(2) of the FOI Act

Legal Issues

  1. 1 Whether the Defence Forces was justified in refusing to amend the date in Part four of the applicant’s AF 667 form
  2. 2 Whether the Defence Forces was justified in refusing to delete the statement in Part five of the AF 667 form

Ratio Decidendi

The applicant failed to provide sufficient evidence to show, on the balance of probabilities, that the date in Part four or the statement in Part five of the AF 667 form was incomplete, incorrect, or misleading. Assertions alone, without supporting evidence, are insufficient to warrant amendment or deletion under section 9 of the FOI Act.

Court Disposition

application refused; decision of Defence Forces affirmed