X and Irish Human Rights and Equality Commission (Irish Human Rights and Equality Commission) [2022] IEIC OIC-116201 (25 February 2022)

X and Irish Human Rights and Equality Commission (Irish Human Rights and Equality Commission) [2022] IEIC OIC-116201 (25 February 2022)

IHREC had not taken all reasonable steps to locate relevant records at the time of the original decision, as records were subsequently found after further information was provided. The refusal under section 15(1)(a) was therefore not justified.

Citation
[2022] IEIC OIC-116201
Parties
Applicant: X; Respondent: Irish Human Rights and Equality Commission
Jurisdiction
Ireland
Judgment Date
25 February 2022
Procedural Posture
FOI Review / Decision on Review
Outcome
decision annulled
Legal Topics
FOI Refusal, Adequacy of Search, Annulment of Decision
Freedom of Information Administrative Law FOI Refusal Adequacy of Search Annulment of Decision

Case Brief

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Parties

X

Applicant

Irish Human Rights and Equality Commission

Respondent

Procedural Posture

FOI Review / Decision on Review

Legal Issues

  1. 1 Whether IHREC was justified in refusing access under section 15(1)(a) of the FOI Act on the ground that no relevant records could be found

Ratio Decidendi

IHREC had not taken all reasonable steps to locate relevant records at the time of the original decision, as records were subsequently found after further information was provided. The refusal under section 15(1)(a) was therefore not justified.

Court Disposition

decision annulled

Orders

  • IHREC to conduct a fresh decision making process on the applicant's request