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UNDT/2011/194, Achkar

UNAT Held or UNDT Pronouncements

From the pleadings of the Applicant, it is clear that at the time of the contested decision he was a staff member of UNRWA. This entity does not fall under the jurisdiction of the UNDT. At the time the cause of action arose, the Applicant would probably have been entitled to pursue any claim he might have had against UNRWA before the former Ãå±±½ûµØAdministrative Tribunal. Since the cause of action arose in UNRWA, the element of ratione materiae of the UNDT is not satisfied because the Applicant should have filed his application against the Commissioner General as the Chief Executive Officer of UNRWA. In the light of the above quoted legal provisions therefore, prima facie, the Application is not receivable ratione temporis since the Applicant did not comply with the time-limit provided in art. 7.6 of the Rules of Procedure of the UNDT with respect to the submission of the request for review. Applicant has not only filed his Application against the wrong entity but has also done so after a considerable delay and therefore beyond the scope of receivability.

Decision Contested or Judgment Appealed

The Applicant asserted that he faced threats upon his life by Israeli soldiers upon entry to and exit from Gaza and that he and his extended family have been the subject of harassment.

Outcome
Dismissed as not receivable

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Applicants/ Appellants
Achkar
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