UNAT considered whether UNRWA DT erred on a question of law and fact and whether its decision to dismiss the Appellant’s application was flawed by procedural irregularities. UNAT held that the Appellant failed to identify the apparent error of fact in the judgment and the basis for contending that an error was made, merely repeating arguments that did not succeed before UNRWA DT. The Appellant’s decision to sign the contract was binding on him as there was no evidence of duress. UNAT dismissed the appeal and affirmed UNRWA DT’s judgment.
Rule 109.5
UNAT considered two appeals (consolidated) by Mr ElShanti of judgment No. UNRWA/DT/2019/051 and judgment No. UNRWA/DT/2019/065 respectively. On the consolidation of the cases, UNAT held that UNRWA DT had broad discretion in managing its cases and that it would only intervene in clear cases of denial of due process of law affecting a party’s right to produce evidence. Accordingly, UNAT rejected Mr ElShanti’s arguments against consolidation. UNAT held that there was no merit to Mr ElShanti’s claims that the characterization of the impugned administrative decision was incorrect, noting that UNRWA...
Absent any evidence of any improper motive or irrational consideration, and given the bonafide and operational necessity to restructure, there was no basis to conclude that the UNRWA Commissioner-General acted unreasonably. UNAT dismissed the appeal and affirmed the UNRWA DT judgment.