Ä¢¹½ÊÓÆµ

2013-Ä¢¹½ÊÓÆµAT-392

Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements

Ä¢¹½ÊÓÆµAT considered Mr Maghari¡¯s application for revision of judgment No. 2010-Ä¢¹½ÊÓÆµAT-039. Ä¢¹½ÊÓÆµAT held that the application was receivable ratione temporis. Ä¢¹½ÊÓÆµAT held that the grounds filed did not fall within Article 11(1) of the Ä¢¹½ÊÓÆµAT Statute and did not constitute a decisive fact which was, at the time the judgment was rendered, known to Ä¢¹½ÊÓÆµAT and to the party applying for revision. Ä¢¹½ÊÓÆµAT held that Mr Maghari merely disagreed with the Ä¢¹½ÊÓÆµAT decision and sought to reargue his appeal. Ä¢¹½ÊÓÆµAT dismissed the application for revision.

Decision Contested or Judgment/Order Appealed

In judgment No. 2010-Ä¢¹½ÊÓÆµAT-039, Ä¢¹½ÊÓÆµAT affirmed the Commissioner-General¡¯s decision to dismiss Mr Maghari¡¯s appeal.

Legal Principle(s)

An application for revision is not a substitute for an appeal. A revision of a final judgment is an exceptional procedure and not an additional opportunity for a party to re-litigate arguments that failed at trial or on appeal.

Outcome

Revision, correction, interpretation or execution

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the Ä¢¹½ÊÓÆµDT Statute and Article 11(3) of the Ä¢¹½ÊÓÆµAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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