Ms & Mr X and Tusla [2025] IEIC 150919 (19 May 2025)

Tusla was justified in refusing access to the particular record under section 42(m)(i) and to further records under section 15(1)(a) as such records do not exist or cannot be found.

Citation: [2025] IEIC 150919
Parties: Applicant: Ms & Mr X; Respondent: Tusla
Jurisdiction: Ireland
Judgment Date: 19 May 2025
Procedural Posture: Freedom of Information Appeal / Decision of Information Commissioner
Outcome: appeal dismissed
Legal Topics: Refusal of Access to Records, Grounds for Refusal, Existence of Records

Administrative Law Freedom of Information Refusal of Access to Records Grounds for Refusal Existence of Records

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Parties

Ms & Mr X

Applicant

Tusla

Respondent

Procedural Posture

Freedom of Information Appeal / Decision of Information Commissioner

Legal Issues

1 Whether Tusla was justified in refusing access to a particular record under section 42(m)(i) of the FOI Act
2 Whether Tusla was justified in refusing access to further records under section 15(1)(a) of the FOI Act on the grounds that such records do not exist or cannot be found

Ratio Decidendi

Tusla was justified in refusing access to the particular record under section 42(m)(i) and to further records under section 15(1)(a) as such records do not exist or cannot be found.

Court Disposition

appeal dismissed