2014-Ģ��ƵAT-445

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT preliminarily denied the Appellant��s motion to submit an amicus curiae brief. On the merits, Ģ��ƵAT noted that the Board of Examiners found the Appellant to be one of 68 applicants who, although meeting the minimum requirements, were not deemed the most qualified and therefore not convoked to the examination. Ģ��ƵAT held that the appeal did not identify any errors in the reasoning of Ģ��ƵDT and found no basis for disagreeing with Ģ��ƵDT. Ģ��ƵAT dismissed the appeal and upheld the Ģ��ƵDT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to admit him to the 2012 Competitive Exam for French Associate Editor at the P-2 level. Ģ��ƵDT rejected the application, noting that he had not submitted the mandatory French essay as part of his application. Ģ��ƵDT further held that the Applicant had failed to meet the burden of proving that the contested decision was motivated by improper motives.

Legal Principle(s)

The appeals procedure is of a corrective nature and is thus not an opportunity for a party to reargue their case. A party cannot merely repeat on appeal arguments that did not succeed before the Ģ��ƵDT; rather, it must demonstrate that the Ģ��ƵDT committed an error of fact or law, warranting the intervention by Ģ��ƵAT.

Outcome

Appeal dismissed on merits

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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.

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