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FOI refusal?

Forum to discuss all things Blarney | Ireland immigration

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fuzzbizz
Member
Posts: 108
Joined: Tue Apr 02, 2019 1:06 pm
United States of America

FOI refusal?

Post by fuzzbizz » Fri Jan 06, 2023 9:45 pm

My wife applied for an FOI on her application (July 2021) and in the response they refused to give her the application (144 pages) or correspondence (3 pages). They cited section 515(1)ii .

The weird thing is that I did an FOI for my own application 3 years ago and got a couple hundred pages back, with no refusal, and showing activity (or lack thereof) on my application.

I assume they're just being lazy and don't feel like filling the request but has anyone else encountered this?

meself2
Moderator
Posts: 3430
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: FOI refusal?

Post by meself2 » Fri Jan 06, 2023 9:59 pm

fuzzbizz wrote:
Fri Jan 06, 2023 9:45 pm
They cited section 515(1)ii .
Did you mean 15(1)i of FOI act?
If yes,
https://www.irishstatutebook.ie/eli/201 ... ed/en/html
15. (1) A head to whom an FOI request is made may refuse to grant the request where—
[...]
(i) the request relates to records already released, either to the same or a previous requester where—

(i) the records are available to the requester concerned, or

(ii) it appears to the head concerned that that requester is acting in concert with a previous requester.
if this is the basis of the refusal, what did you provide to get her application? is there anything pointing to your data?

and if you can clarify what exactly the letter content is?
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

meself2
Moderator
Posts: 3430
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: FOI refusal?

Post by meself2 » Fri Jan 06, 2023 10:54 pm

section 515(1)ii . -> section 5, 15(1) (i)(i)?
15. (1) A head to whom an FOI request is made may refuse to grant the request where—
[...]
(i) the request relates to records already released, either to the same or a previous requester where—

(i) the records are available to the requester concerned
So DoJ thinks she already has all the data you need (hence I suggested theoretical possibility of your data being requested, as you've done FOI). Did she apply for FOI before?

See (presumably) similar post - post2041882.html#p2041882 , which also has information about the way to request reconsideration. Is it present in her letter as well?
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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