Ms. X and the Defence Forces [2015] IEIC 140273 (28 January 2015)

The Defence Forces took all reasonable steps to locate the requested records and no further records exist or can be found; therefore, refusal under section 10(1)(a) of the FOI Act is justified.

Citation: [2015] IEIC 140273
Parties: Applicant: Ms. X; Respondent: Defence Forces
Jurisdiction: Ireland
Judgment Date: 28 January 2015
Procedural Posture: FOI Review / Decision on Review
Outcome: request refused
Legal Topics: Refusal of Records, Reasonable Search, Section 10(1)(a) FOI Act

Administrative Law Freedom of Information Refusal of Records Reasonable Search Section 10(1)(a) FOI Act

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Parties

Ms. X

Applicant

Defence Forces

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

1 Whether the Defence Forces was justified under section 10(1)(a) of the FOI Act in refusing to release further records on the grounds that no further records exist or can be found after all reasonable steps have been taken

Ratio Decidendi

The Defence Forces took all reasonable steps to locate the requested records and no further records exist or can be found; therefore, refusal under section 10(1)(a) of the FOI Act is justified.

Court Disposition

request refused

Orders

Decision of the Defence Forces to refuse access to further records under section 10(1)(a) of the FOI Act affirmed