����AV

UNAT considered the appeal, in which the Appellant contended that exceptional circumstances existed that would merit a waiver of the time limit, allowing his application to be admitted. UNAT noted that, in such an instance, it is the applicant’s responsibility to convince the tribunal of such circumstances. UNAT found that the Appellant did not overcome this hurdle before UNDT and held that UNDT did not err in rejecting the Appellant’s contentions that he had exceptional circumstances. UNAT further held that ignorance of the law is no excuse and the Appellant’s reliance on erroneous advice from OSLA does not constitute an “exceptional case” as provided for in Article 8(3) of the UNDT Statute. UNAT accordingly did not find it necessary to rule on the argument, advanced by the Secretary-General in the course of the oral hearing, that the Appellant’s failure to make a written request to UNDT for a suspension or waiver of the deadlines prior to the filing of his application did not, in any event, allow for the exercise of UNDT’s discretion. UNAT dismissed the appeal and affirmed the UNDT judgment.