2020-UNAT-1034

2020-UNAT-1034, El Sehemawi

UNAT Held or UNDT Pronouncements

UNAT held that AJAB’s interim report did not constitute a neutral first instance process which included a written record and a written decision providing reasons, fact and law and as such, did not conform to the requirements of Article 2(10) of the UNAT Statute or the Agreement between the �山��and ICAO. UNAT held that at ICAO there was no neutral first instance process including a decision. UNAT held that the Secretary-General of ICAO, who issued the contested decision, was not neutral, but a party to proceedings. UNAT held that under such circumstances it was not satisfied that the essential elements of a neutral first instance process were present to have constituted a decision that could be appealed to UNAT. UNAT remanded the case to AJAB for a neutral first instance process producing a binding decision with reasons, a statement of the relevant facts, and the relevant law.

Decision Contested or Judgment Appealed

Mr. El Sehemawi contested the decision of the Secretary-General of ICAO to concur with the findings of the Advisory Joint Appeals Board (AJAB) that Mr. El Sehemawi had not identified an administrative decision capable of being reviewed.

Legal Principle(s)

A neutral first instance process that includes a written decision must exist in order to constitute a decision that is appealable to UNAT.

Outcome

Case remanded

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

El Sehemawi

Entity

ICAO

Case Number(s)

2019-1332

Tribunal

UNAT

Registry Location :

New York