����AV

Citing the Teferra judgment, the Tribunal examined whether the application contained an administrative decision falling under the purview of Article 2 of the UNDT Statute and Staff Rule 11.4 (a). The Tribunal found that there was nothing on the record to show that the administration gave specific instructions to the hospitals in Kenya not to provide medical services to the Applicant. The Tribunal found that the Applicant was not able to receive medical services on an occasion due to his lack of diligence in obtaining a MIP card for himself and his family members, despite the numerous attempts of the Joint Medical Service (JMS), the administrating office, to contact him. The Applicant systematically excused himself, however he managed to make arrangements to obtain several letters of guarantee in order to receive medical services on credit. In the light of the above, the Tribunal decided that there was no administrative decision for which it would have jurisdiction to entertain this application. As a general observation, the Tribunal noted that the provisions of ST/AI/343 on the Rules Governing the MIP state that the MIP membership is predicated upon a valid contract and the issuance of a card. The MIP enables participating staff members, upon showing the MIP card, to pay medical service providers and then claim reimbursement through the Joint Medical Service (JMS) that administers the MIP. The Applicant was therefore, as per the applicable rules, under the obligation to obtain his MIP card from the relevant administration in order to obtain medical services from accredited hospitals in Nairobi under the MIP.