¹ú²úAV

As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of fact in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The High Commissioner was not bound to follow the APPB recommendations. He was able to legally promote staff members who were not recommended by the APPB as far as they were eligible. The lack of transparency alleged by the applicant is a general argument which, to be retained, must be based on particular facts showing that the legal instruments applicable to the promotion of staff were not followed. It is unavoidable that the assessment of the staff’s competence be subjective to some extent, however this cannot be considered as an irregularity.