The UNAT found that no new fact was advanced by Mr. Almasri that had been unknown either to him or the UNAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. Instead, it was Mr. Almasri’s negligence that brought about his factual ignorance...
The UNAT held that the applicant’s reliance on Article 2 of the UNAT Statute for his application for revision was misguided and as such, was not receivable and lacked merit. The UNAT nonetheless reviewed his application for revision under the appropriate legal framework, which is in Article 11 of the UNAT Statute and Article 24 of the UNAT Rules of Procedure.
The UNAT held that other than the application being filed within one year of the UNAT Judgment at issue, the application for revision did not comply with any of the statutory requirements. There was no fact discovered after the issuance...
The UNAT noted that the applicant had filed the application for revision some three months after she became aware of the decisive facts as identified in the application. The UNAT held that the application had been filed beyond the 30-day time limit and was, therefore, not receivable.
The UNAT found that, in any event, one of the documents had not been in existence at the time of the UNAT Judgment. The UNAT also noted that the document had not been decisive in reaching a decision in the appeal and, for this reason, the application was an attempt to re-litigate the appeal. The UNAT concluded...
The UNAT specified that the sole issue was whether the applicant, a former staff member, had presented a new and decisive fact that was unknown to him and the Appeals Tribunal when the prior UNAT Judgment was decided, and that this fact would have materially impacted the outcome of that Judgment.
The UNAT reviewed the documents submitted by the former staff member and concluded that they were all known to him prior to the issuance of the UNAT Judgment. The former staff member essentially repeated or added to the same arguments he made in his original appeal, and the UNAT had already...
The UNAT held that the staff member’s application for revision failed to meet the statutory requirements outlined in Article 11(1) of the UNAT Statute. It found that the facts raised by the staff member were not unknown to him before the issuance of the UNAT Judgment and, in any event, would not have changed the outcome of the case, which was found to be not receivable. The UNAT further held that the staff member’s arguments were irrelevant and reiterated those he previously advanced before the UNAT.
The UNAT dismissed the application for revision.
Accountability Referral: The UNAT noted...
The UNAT dismissed the application for revision, finding that none of the alleged new facts were “new facts” for the purpose of Article 11(1) of the UNAT Statute. The alleged new facts either occurred after the issuance of the UNAT Judgment, were known to the Appeals Tribunal, or matters of law.
The UNAT granted the application for correction in part, to the extent that the UNAT agreed with Ms. Raschdorf's argument that an error arose in paragraph 44 of the UNAT Judgment where the UNAT wrongly referred to the Advisory Board on Compensation Claims instead of the Pension Fund.
Finally, the...
The UNAT held that the staff member did not fulfil the requirements for revision of the prior UNAT Judgment. The UNAT found that no new fact was advanced by the staff member that had been unknown either to him or the UNAT at the time of the prior Judgment, nor one that would have been decisive in reaching the decision had it been known. The UNAT was of the view that his application for revision amounted to a restatement of the material already placed before the UNAT, which had been considered and rejected, and constituted an attempt to have the appeal, which had been disposed of, re-heard de...
The UNAT held that the staff member's application for revision failed to meet the statutory requirements outlined in Article 11(1) of the UNAT Statute. The UNAT concluded that the staff member's arguments essentially reiterated those he previously advanced before the UNAT and the UNDT. As a result, the UNAT held that his application for revision amounted to a request for the UNAT to reconsider his previous unsuccessful appeal. Moreover, the UNAT observed that the applicant's submissions contained a number of unfair and inappropriate accusations against persons who had dealt with his case, and...
The UNAT held that the Applicant’s application for revision did not comply with the requirements set out in Article 11(1) of the Appeals Tribunal Statute and Article 24 of the Appeals Tribunal Rules of Procedure. Indeed, it concluded that there was no fact discovered after the issuance of the UNAT Judgment, which was unknown to the Appeals Tribunal and to the Applicant. Rather, it found that his submissions basically repeat or add to the same arguments which were previously assessed by the Agency, the UNRWA DT and the Appeals Tribunal. It concluded that the only new arguments advanced by...
UNAT dismissed Mr. Zaqqout's application for correction of judgment on the grounds that Mr. Zaqqout attempted to relitigate his case instead of demonstrating mistakes in the nature of those intended to be covered by Article 11(2), and he had failed to explain the significant delay in applying to correct the alleged errors.
UNAT also dismissed Mr. Zaqqout's application for revision of judgment. UNAT found that this being the second application for revision Mr. Zaqqout had filed in this case, he was required to demonstrate exceptional circumstances, a test he did not meet; and that even if the...
