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UNAT held that AJAB’s interim report did not constitute a neutral first instance process which included a written record and a written decision providing reasons, fact and law and as such, did not conform to the requirements of Article 2(10) of the UNAT Statute or the Agreement between the UN and ICAO. UNAT held that at ICAO there was no neutral first instance process including a decision. UNAT held that the Secretary-General of ICAO, who issued the contested decision, was not neutral, but a party to proceedings. UNAT held that under such circumstances it was not satisfied that the essential elements of a neutral first instance process were present to have constituted a decision that could be appealed to UNAT. UNAT remanded the case to AJAB for a neutral first instance process producing a binding decision with reasons, a statement of the relevant facts, and the relevant law.