Ä¢¹½ÊÓÆµAT Held or Ä¢¹½ÊÓÆµDT Pronouncements
Ms. Larriera sought revision of the Ä¢¹½ÊÓÆµAT judgment on the grounds that new decisive facts had emerged from the French government regarding her relationship with the deceased participant of the Ä¢¹½ÊÓÆµJSPF, Mr. M. Specifically, she maintains that the French government has endorsed the findings of a Brazilian court that she was in a ¡°stable union¡± with Mr. M., and that this has also been annotated on the death certificate of Mr. M.
Ä¢¹½ÊÓÆµAT observed that Ms. Larriera¡¯s application for revision was untimely. In addition, Ä¢¹½ÊÓÆµAT concluded that these allegedly decisive facts occurred in 2021, well after the Ä¢¹½ÊÓÆµAT issued its 2020 Judgment. Thus, these cannot be considered ¡°new facts¡± within the meaning of Article 11(1) of the Statute. In addition, Ä¢¹½ÊÓÆµAT held that these ¡°new facts¡± did not suggest that the French authorities considered that Mr. M. was divorced from his wife (Ms. M.) or that Ms. Larriera had acquired the status of his spouse at the time of Mr. M.¡¯s death.
Ä¢¹½ÊÓÆµAT also held that Ms. Larriera¡¯s arguments about alleged errors of the Ä¢¹½ÊÓÆµAT in interpretation of the law did not bring her application within the parameters of Article 11(1) of the Statute. Her application constitutes a disguised attempt to re-open the case. Her application was thus not receivable.
Decision Contested or Judgment/Order Appealed
Ms. Larriera sought revision of Judgment No. 2020-Ä¢¹½ÊÓÆµAT-1004, in which the Ä¢¹½ÊÓÆµAT dismissed her appeal of the decision of the Standing Committee that she was not entitled to a widow's benefit from the Ä¢¹½ÊÓÆµJSPF.
Legal Principle(s)
Facts which occurred after a judgment has been given are not such facts within the meaning of Article 11 of the Ä¢¹½ÊÓÆµAT Statute and Article 24 of the Ä¢¹½ÊÓÆµAT¡¯s Rules of Procedure. This remains the case irrespective of the legal consequences that such facts may have.
An application for revision cannot be a collateral means of attack on the judgment, nor can it be allowed to be a second right of final appeal.
Outcome
Outcome Extra Text
The application for revision of Judgment No. 2020-Ä¢¹½ÊÓÆµAT-1004 was dismissed. |