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Judgment No. 3983

Decision

The applications for review are dismissed.

Summary

The complainant has filed applications for review of Judgments 3508, 3628, 3710, 3711, 3712, 3778, 3779 and 3780.

Consideration 1

Extract:

Under Article VI of its Statute the Tribunal’s judgments are “final and without appeal” and carry res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts on which the complainant was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see Judgment 3633, under 3, and the case law cited therein). The recent explicit recognition in the Tribunal’s Statute of the right to apply for a review has not altered the limits established in the Tribunal’s case law as to the grounds on which such applications can be admitted.

Reference(s)

ILOAT Judgment(s): 3633

Keywords

application for review; grounds

Judgment keywords

Reference(s)

ILOAT Judgment(s): 3508, 3628, 3710, 3711, 3712, 3778, 3779, 3780

Keywords

application for review

Consideration 2

Extract:

[T]he plea that the Tribunal misinterpreted the evidence in the file does not constitute an admissible ground for review.

Keywords

admissible grounds for review; misinterpretation of the facts

Consideration 4

Extract:

[T]he complainant is simply expressing his disagreement with the Tribunal’s assessment of the facts and evidence. In so doing, he does not raise any admissible ground for review.

Keywords

admissible grounds for review; appraisal of facts

Consideration 6

Extract:

[T]he complainant is in effect alleging that the Tribunal made an incorrect assessment of the facts. Such a plea does not constitute an admissible ground for review.

Keywords

admissible grounds for review; appraisal of facts



 
Last updated: 08.08.2018 ^ top