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UNDT/2020/181

UNDT/2020/181, Armand

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Full judgment

UNAT Held or UNDT Pronouncements

The Tribunal found that whereas UNSOS had called upon the Applicant to comply with the court order under the sanction of deductions, in fact, there were no deductions decided or effected. UNSOS’s actions were only prefatory. The Tribunal, therefore, held that the application was not receivable for want of a reviewable administrative decision. The application was dismissed.

Decision Contested or Judgment/Order Appealed

The Applicant challenged UNSOS’s refusal or failure to reduce the amount he was ordered by the Court to pay monthly as child support.

Legal Principle(s)

The Tribunal is competent to adjudicate the merits of a case only where the receivability requirement is satisfied. The Tribunal is competent to consider a receivability issue on its own initiative, whether or not it has been raised by the parties. Further, the Tribunal has the inherent power to individualize and define the administrative decision challenged by a party and to identify the subject(s) of judicial review.

Outcome

Dismissed as not receivable

Outcome Extra Text

The application was found not receivable for want of a reviewable administrative decision.

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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
Armand
Entity
UNSOS
Case Number(s)
UNDT/NBI/2020/068
Tribunal
UNDT
Registry
Nairobi
Date of Judgement
Language of Judgment
English
Issuance Type
Judgment
Categories/Subcategories
Jurisdiction / receivability (UNDT or first instance)
Subject matter (ratione materiae)
Private legal obligations
Applicable Law
UNDT Statute
UNAT Statute