Challenging FOIA Refusals
A refusal is deemed to be any decision of a public authority
to deny or defer access to a document, in whole or in part, that
has been requested under the Act.
The failure of a public authority to give written notice of a decision
on an FOIA request, within thirty (30) days of having received
a request, may also be regarded as a refusal.
A public authority is required to advise the applicant, in writing,
of its reason(s) for refusing an FOIA request. The applicant may
then:
- Complain to the Ombudsman;
and/or
- Apply to the High Court for judicial review of the decision.
You may apply to the Ombudsman within 21 days of receiving notice
of a refusal. Within 30 days of receiving your written complaint,
the Ombudsman will examine the document(s) - if it exists - and
make recommendations to the authority on the granting of access
to the document(s).
Applications to the High Court for judicial review of a refusal
must be made within 3 months of receiving written notification of
the decision. The judicial review process is governed by the Judicial
Review Act, No. 60 of 2000.
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