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UNAT dismissed the appeal, finding it not receivable. The Tribunal explained UNDT decisions on applications for suspension of action are not subject to appeal, pursuant to Article 2(2) of the UNDT Statute. The Tribunal also noted that this case did not fall under the narrow exceptions when appeals against interlocutory orders are allowed, i.e. when it is alleged that the UNDT has exceeded its competence or jurisdiction. UNAT did not find any excess of jurisdiction in the instant case and therefore deemed the appeal irreceivable.

Receivability Immunities have been incorporated into the terms of appointment of United Nations staff members—including at the highest level of the Organization’s legal order and ever since its inception—thereby becoming part and parcel of their status and conditions of service. Furthermore, a decision to waive the immunity of a given staff member has evident—potentially dramatic—effects on his or her legal situation. Thus, the contested decision meets all the features of the definition of an administrative decision adopted by the Appeals Tribunal. Accordingly, the Tribunal found the...