Mr Y and the Defence Forces (The Defence Forces) [2022] IEIC OIC-121212 (20 May 2022)

Mr Y and the Defence Forces (The Defence Forces) [2022] IEIC OIC-121212 (20 May 2022)

The Defence Forces was not justified in refusing access under section 15(1)(a) because it failed to take all reasonable steps to locate relevant records, specifically by not searching using the applicant's name, variations thereof, or military number as search terms.

Citation
[2022] IEIC OIC-121212
Parties
Applicant: Mr Y; Respondent: The Defence Forces
Jurisdiction
Ireland
Judgment Date
20 May 2022
Procedural Posture
Freedom of Information Review / Formal Binding Decision After Remittal
Outcome
Decision of the Defence Forces annulled; case remitted for fresh decision
Legal Topics
FOI Refusal, Adequacy of Search, Section 15(1)(a) FOI Act, Remittal for Fresh Decision
Administrative Law Freedom of Information FOI Refusal Adequacy of Search Section 15(1)(a) FOI Act Remittal for Fresh Decision

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Parties

Mr Y

Applicant

The Defence Forces

Respondent

Procedural Posture

Freedom of Information Review / Formal Binding Decision After Remittal

Legal Issues

  1. 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 further records exist or could be found after all reasonable searches were undertaken

Ratio Decidendi

The Defence Forces was not justified in refusing access under section 15(1)(a) because it failed to take all reasonable steps to locate relevant records, specifically by not searching using the applicant's name, variations thereof, or military number as search terms.

Court Disposition

Decision of the Defence Forces annulled; case remitted for fresh decision

Orders

  • The Defence Forces is directed to conduct a fresh decision-making process on Request B, using search terms likely to identify all relevant records, including the applicant's name, variations, and military number.