Receivability ratione temporis: Time limits for contesting administrative decisions are legal imperatives and the Tribunal is bound to examine the issue of receivability. Receivability ratione materiae: By virtue of article 2.1(a) of the Tribunal’s Statute only administrative decisions, allegedly in non-compliance with the terms of appointment or the contract of employment, are appealable. In the instant case, the rejection by the Administration of the Applicant’s request to benefit from an enhanced separation package, despite the fact that he had not opted for it in due time, constituted an...
UNHCR IOM/FOM 034/2009
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Administration’s withdrawal of unlawful individual administrative decisions which created rights: Staff rule 11.2 not only permits but actually requires the Administration to revoke an administrative decision that it considers unlawful. However, the power to revoke decisions conferring rights should necessarily be exercised within the relevant time frame to respond to a request for management evaluation. Irreparable damage: Where the injury alleged is only hypothetical, it may not be regarded as “irreparable” within the meaning of article 2.2 of the Statute in the context of an application for...