2021-Ģ��ƵAT-1139

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵRWA DT erred in law by not taking account of evidence implying strongly that there had been an administrative decision by Ģ��ƵRWA not to pay allowances to those who claimed them as their entitlement, and therefore concluding wrongly that there was no evidence of an administrative decision affecting the Appellant��s rights. However, Ģ��ƵAT held that the Ģ��ƵRWA DT��s Judgment dismissing the Appellant��s claim had to be upheld on grounds of lateness of their request for management evaluation. Ģ��ƵAT dismissed the appeals and upheld the Ģ��ƵRWA DT Judgment.

Decision Contested or Judgment/Order Appealed

The Appellants contested the decision not to receive their challenges to Ģ��ƵRWA��s refusal or failure to pay salary allowances to them. Ģ��ƵRWA DT concluded that, as the Appellant��s had failed to prove that they had requested payment of the allowances, Ģ��ƵRWA had not made a reviewable administrative decision. Ģ��ƵRWA DT dismissed the applications as not receivable ratione materiae.

Legal Principle(s)

Ģ��ƵAT is limited by statute to certain grounds of appeal. Ģ��ƵAT is not competent to determine substantive issues which have not been examined by a first instance body.

Outcome

Appeal dismissed on receivability

Outcome Extra Text

N/A

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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

Jihad AbduGhani Oneis, Diab El-Tabari and Walid Abdullah

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement