����AV

It was uncontested that a) the Applicant should have filed his application by 4 September 2019 (Geneva time) and b) he only filed it on 5 September 2019. The Applicant’s Counsel argues that “technical difficulties” and an “internal oversight” prevented OSLA from timely filing the application. The Tribunal noted that the CCMS records showed that the application was filed on 5 September 2019 at 1.01 p.m. (Geneva time). Also, the screenshot of the “error message” provided by the Applicant did not have a timestamp or any other element proving that there was an effective attempt to timely file the application, namely by 4 September 2019. The screenshot did not even refer to the name of the Applicant to allow the Tribunal to conclude that the “error message” was related to a failed attempt to timely file the application. The Tribunal noted that the Applicant’s Counsel recognized it was not possible to file the application on time due to an “an internal oversight” but provided no proper and convincing explanation in relation to what sort of problems OSLA faced. The Tribunal found that the reasons provided by the Applicant and or his Counsel did not support granting a time-limit waiver. The Tribunal also concluded that the Applicant’s Counsel failed to demonstrate the existence of “exceptional circumstances” to justify the late filing of the application.