Ms X and Caranua (FOI Act 2014) [2017] IEIC 170373 (18 September 2017)

Ms X and Caranua (FOI Act 2014) [2017] IEIC 170373 (18 September 2017)

Caranua has not justified its refusal as internal guidance is captured by the applicant's request; Caranua must reconsider the request and make a new decision.

Citation
[2017] IEIC 170373
Parties
Applicant: Ms X; Respondent: Caranua
Jurisdiction
Ireland
Judgment Date
18 September 2017
Procedural Posture
FOI Review / Review by Information Commissioner
Outcome
decision annulled
Legal Topics
Access to Records, Publication Scheme, Internal Guidelines
Administrative Law Freedom of Information Access to Records Publication Scheme Internal Guidelines

Case Brief

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Parties

Ms X

Applicant

Caranua

Respondent

Procedural Posture

FOI Review / Review by Information Commissioner

Legal Issues

  1. 1 Whether Caranua was justified in refusing access to additional records relating to guidelines used when determining applications

Ratio Decidendi

Caranua has not justified its refusal as internal guidance is captured by the applicant's request; Caranua must reconsider the request and make a new decision.

Court Disposition

decision annulled

Orders

  • Caranua to conduct a fresh decision-making process regarding the applicant's request for guidelines used in determining applications unless records are otherwise published or released.