Ms KSA and The Civil Registration Service [2012] IEIC 120115 (17 December 2012)

Ms KSA and The Civil Registration Service [2012] IEIC 120115 (17 December 2012)

The Commissioner affirmed the CRS's refusal because there is no legal power to require the CRS to issue a certificate in Polish script, and any direction to amend the record would be irrelevant as the CRS cannot produce documents in the requested form.

Source-derived case information.

Citation
[2012] IEIC 120115
Parties
Applicant: Ms KSA; Respondent: The Civil Registration Service
Jurisdiction
Ireland
Judgment Date
17 December 2012
Procedural Posture
FOI Review Application / Decision on Review by Information Commissioner
Outcome
refusal affirmed
Legal Topics
Amendment of Records, Birth Certificate, Language/script of Official Documents
Administrative Law Freedom of Information Amendment of Records Birth Certificate Language/script of Official Documents

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms KSA

Applicant

The Civil Registration Service

Respondent

Procedural Posture

FOI Review Application / Decision on Review by Information Commissioner

Legal Issues

  1. 1 Whether CRS was justified in refusing to amend a birth certificate under section 17 of the FOI Act

Ratio Decidendi

The Commissioner affirmed the CRS's refusal because there is no legal power to require the CRS to issue a certificate in Polish script, and any direction to amend the record would be irrelevant as the CRS cannot produce documents in the requested form.

Court Disposition

refusal affirmed

Orders

  • The CRS's refusal to alter the record under section 17 of the FOI Act is affirmed.