Ģ��ƵDT/2010/022

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

The mandate of Ģ��ƵDT is confined to the review of administrative decisions. Although the definition of this term may be disputed, it is beyond question that administrative decisions must by essence be taken by the Administration. Since the decisions of former Ģ��ƵAT are judicial decisions, they cannot be contested before Ģ��ƵDT. The provisions on transitional measures apply to pending Ģ��ƵAT cases only. They do not include the power to revise Ģ��ƵAT judgements. Cases closed by judgments of former Ģ��ƵAT are res iudicata.

Decision Contested or Judgment/Order Appealed

The Applicant filed an application with former Ģ��ƵAT in 2007. On 31 July 2009, former Ģ��ƵAT issued a judgement rejecting her application in its entirety as time-barred. On 12 November 2009, the Applicant filed an application with Ģ��ƵDT, alleging that the judgement of former Ģ��ƵAT was based on a misstatement of facts. She considers her application as a request for revision of that judgment.

Legal Principle(s)

N/A

Outcome

Dismissed as not receivable

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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

Fagundes

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Case Number(s)

Tribunal

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Date of Judgement