UNDT/2010/166

UNDT/2010/166, Luvai

UNAT Held or UNDT Pronouncements

Judicial Review is a supervisory jurisdiction. It is not a jurisdiction which a tribunal may exercise over itself. The former UNAT and the UNDT were and are creatures of statute. Each has the ability, inherent to all courts and tribunals, to imply powers to prevent abuses of process; however, the jurisdiction of each tribunal is limited by the provisions of its respective empowering statute. In the absence of specific jurisdiction conferred on a statutory tribunal by statute, the power to exercise a supervisory jurisdiction such as judicial review cannot be implied. This conclusion is reinforced by the existence of Article 12 of the Statute of the UNDT which echoes Article 12 in the Statute of the former UNAT. This article gives the Tribunal the power to revise its own decisions subject to the stipulated criteria being met. Article 12 constitutes the full extent of any jurisdiction of the Tribunal to self-review. It falls well short of conferring the significant and powerful jurisdiction of Judicial Review over its own processes or over any other Tribunal such as the former UNAT.

Decision Contested or Judgment Appealed

The Applicant has applied for “Judicial Review” of UNAT Judgment 1421.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable
Outcome Extra Text

The Tribunal concludes and decides that it has no jurisdiction to hear and determine the application for Judicial Review. The Applicant’s application is not receivable and is dismissed.

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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.

Applicants/ Appellants
Luvai
Entity
Tribunal
Registry Location :
Date of Judgment
Judge(s)
Language of Judgment
Issuance Type
Applicable Law