2016-UNAT-664, Al Dawoud
UNAT considered whether UNRWA DT made an error of fact, resulting in an unreasonable decision when it found that the Appellant submitted her request for decision review. UNAT found that the evidence showed that UNRWA DT did not make a factual error when it found that the request for decision review was made on 7 July 2014. UNAT noted that, as the request for decision review was submitted on 7 July 2014, the time for the Appellant to file an application for judicial review expired 120 days thereafter, on 4 November 2014. UNAT found that the Appellant’s application for judicial review was not filed until 5 December 2014, which was over one month late. UNAT accordingly held that UNRWA DT correctly concluded that the application was not receivable ratione temporis. UNAT dismissed the appeal and affirmed UNRWA DT’s judgment.
UNRWA DT judgment: The Applicant contested the Agency’s decision that found her probationary performance to be unsatisfactory and to not confirm her appointment. UNRWA DT dismissed her application as not receivable ratione temporis.
The deadlines for filing applications and appeals, among other things, must be strictly enforced by the Tribunals. Resubmitting a request for decision review cannot, and does not, reset the date decision review is sought or the date from which the limitations period commences to run for filing an application for judicial review. Otherwise, the deadline for filing an application would have no certainty.
No relief ordered; No relief ordered.