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As a preliminary matter, Ä¢¹½ÊÓƵAT found that there were no exceptional circumstances to warrant the granting of the Appellant¡¯s motion for leave to file a reply to the Commissioner-General¡¯s answer and denied the motion. Ä¢¹½ÊÓƵAT held that the Ä¢¹½ÊÓƵRWA¡¯s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that Ä¢¹½ÊÓƵRWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT correctly found that the application was not receivable ratione...

Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the grounds for his appeal and thus, the appeal was defective. Ä¢¹½ÊÓƵAT inferred that the Appellant claimed Ä¢¹½ÊÓƵRWA DT failed to exercise its jurisdiction. Ä¢¹½ÊÓƵAT held that the legal conclusion of Ä¢¹½ÊÓƵDT that the application before it was not receivable was unassailable. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT did not err when it did not discuss whether the case was an exceptional case for extending, waiving, or suspending the deadline for the filing of the application. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the Ä¢¹½ÊÓƵRWA DT judgment.

Ä¢¹½ÊÓƵAT rejected the request for an oral hearing finding no need for further clarification of the issues. Ä¢¹½ÊÓƵAT held that the Appellant failed to identify the grounds for his appeal, considering it defective. Ä¢¹½ÊÓƵAT agreed with Ä¢¹½ÊÓƵRWA DT that the Appellant had not complied with Staff Rule 111.3, which prescribes that the staff member is required to appeal to the JAB within thirty days. Ä¢¹½ÊÓƵAT held that Ä¢¹½ÊÓƵRWA DT¡¯s conclusion that the application was not receivable did not present any errors of law or fact. Ä¢¹½ÊÓƵAT dismissed the appeal and affirmed the

Ä¢¹½ÊÓƵAT found no error in the Ä¢¹½ÊÓƵRWA DT finding that the application was not receivable ratione temporis. Ä¢¹½ÊÓƵAT rejected the Appellant¡¯s contention that Ä¢¹½ÊÓƵRWA DT erred in that it examined the timeliness of his application sua sponte, without it having been raised by the Respondent, holding that the competence of Ä¢¹½ÊÓƵRWA DT to review the observance of the statutory deadlines for filing an application can be exercised even if the parties or the administrative authorities do not raise the issue because it constitutes a matter of law and the Ä¢¹½ÊÓƵRWA DT Statute prevents Ä¢¹½ÊÓƵRWA DT from receiving a case which...