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With reference to the relevant legal framework, no matter what status is given to the Applicant’s previous and/or current employment with the IOM in the context of the ASHI scheme, at the relevant time of applying for ASHI, the Applicant was not within a time period of 31 days before or after separation when an application for ASHI must be submitted.

Accordingly, even if the terms of the contested decision were misleading, the Applicant had no right to be enrolled in the ASHI scheme when he applied for it.

There is indeed uncertainty and possibly also disagreement regarding various material facts of the case. Accordingly, the case may not be adjudicated on the basis of a summary judgment.  

The part of the present case concerning IOM is not receivable under the legal doctrine of lis pendens.

With regard to the HLIS decision, the Applicant refers to his request for management evaluation of 4 November 2022. As the application in the present case is filed after this date, this part of the application is therefore, from this perspective, now receivable under staff rule 11.2

The United Nations Secretary-General in not the Chief Administrative Officer of IOM, and IOM has not concluded a special agreement with the Secretary-General accepting the Dispute Tribunal’s jurisdiction. Instead, IOM falls under the jurisdiction of the Administrative Tribunal of the International Labour Organization.

As the Applicant’s request for management evaluation was not filed before submitting the application to the Dispute Tribunal in the present case, the Tribunal does not have the necessary subject-matter jurisdiction under staff rule 11.2. The challenge against the decision of...