2017-UNAT-800 | SYSTEM OF ADMINISTRATION OF JUSTICE

2017-UNAT-800, King

UNAT Held or UNDT Pronouncements

UNAT held that the appeal was not receivable ratione temporis, as he did not file it within the prescribed time limits. UNAT noted that even if the Appellant had requested a waiver of the time limit on the basis of exceptional circumstances, his appeal was time-barred by Article 7.4 of the UNAT Statute and was therefore not receivable. UNAT dismissed the appeal and affirmed the UNDT judgment.

Decision Contested or Judgment Appealed

The Applicant contested the decision rejecting his request to recognise the United States as his place of repatriation and to issue proper travel authorisation so that he could finalise his separation from service upon retirement. UNDT dismissed the application in its entirety as not receivable both ratione temporis and ratione materiae. UNDT found that given the Administration had provided him with a written travel authorisation and certificate of service, any challenge of decisions relating to those were moot.

Legal Principle(s)

An appeal to UNAT is not receivable ratione temporis if it is not filed within the prescribed time limits.

Outcome

Appeal dismissed on receivability

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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.

Full Judgment

Applicants/ Appellants

King

Entity

UNAMID

Case Number(s)

2017-1085

Tribunal

UNAT

Registry Location :

New York