2011-Ģ��ƵAT-163

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT considered an application for revision judgment No. 2010-Ģ��ƵAT-098. Ģ��ƵAT held that the application did not meet the statutory requirements of the Ģ��ƵAT Statute. Ģ��ƵAT held that the alleged new information or misinterpretation of the date of a transaction did not constitute circumstances that warranted a revision, because they would not result in the exclusion of the main reasons stated by Ģ��ƵAT for vacating the Ģ��ƵDT judgment and affirming the administrative decision of summary dismissal. Ģ��ƵAT held that the application was not admissible since it repeated an argument already examined and rejected by the previous judgment and its actual goal was to litigate the case de novo, an option which is not provided to the parties by the applicable law. Ģ��ƵAT dismissed the application.

Decision Contested or Judgment/Order Appealed

Previous Ģ��ƵAT judgment: In judgment No. 2010-Ģ��ƵAT-098, Ģ��ƵAT vacated the Ģ��ƵDT judgment and affirmed the administrative decision of summary dismissal.

Legal Principle(s)

An application for revision of a final judgment by Ģ��ƵAT can only succeed if it fulfils the strict criteria established by Article 11 of the Ģ��ƵAT Statute. The authority of a final judgment �C res judicata �C cannot be readily set aside.

Outcome

Appeal granted

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Masri

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Case Number(s)

Tribunal

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Date of Judgement