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UNAT preliminarily held that the appeal was receivable, noting that the situation was quite exceptional and a necessity to consider the disposition of facts. UNAT rejected the request for discovery of evidence and an oral hearing, holding that there were no exceptional circumstances justifying the exercise of its discretion in granting such requests. On the merits, UNAT held that the minutes of the recourse session held by the Appointments, Postings and Promotions Board clearly showed that the experience and achievements of the Appellant were properly considered at the 2007 Promotion Session...

UNAT held that it could discern no error in UNDT’s computation of the applicable time limits. UNAT considered that the UNDT decision that it had no jurisdiction to consider the merits of the Appellant’s claim was reasonable and there were no grounds for overturning it. UNAT dismissed the appeal and affirmed the UNDT judgment.

UNAT considered the appeal, specifically whether UNRWA DT erred by dismissing the staff members’ motions to adduce supplemental evidence on the grounds of receivability, and whether UNRWA DT erred by finding that the final contested decision was taken on 3 August 2014. UNAT found that Abu Malluh et al. acted with due diligence in the proceedings before UNRWA DT and further demonstrated that the supplemental evidence they sought to have admitted would have led to different findings of fact and changed the outcome of the case. UNAT noted that while UNRWA DT has broad discretion to determine the...

UNAT denied the request for an oral hearing since the factual and legal issues of the appeal were clearly defined. UNAT rejected to annex a medical report as evidence since the Appellant had not filed a motion, finding that the admission of documents was not in the interest of justice and the efficient and expeditious resolution of the proceedings. UNAT held that the appeal was not receivable ratione materiae, considering that the UNDT Statute, in unequivocal terms, provides that the decision of UNDT on an application for suspension of action shall not be subject to appeal. UNAT dismissed the...

Time limits for contesting administrative decisions are well known and widespread instruments in administrative law, both in national and in international jurisdictions. Compared to the time limits in some national and international systems, the time limits in the �山����justice system remain within a reasonable frame. As for exceptions, “exceptional cases” arise from exceptional personal circumstances. Relevant factors for an Applicant’s failure to act within the prescribed time limits are confined to his individual capacities. Factors like the prospects of success on the merits and the...