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Judgment No. 2295


The complaint is dismissed.

Consideration 10


"[I]t is not the role of the Tribunal to reweigh the evidence before the Joint Appeals Board which, as the primary trier of fact has had the benefit of actually seeing and hearing many of the persons involved, and of assessing the reliability of what they have said. For that reason the Board is entitled to considerable deference. [...] Where a body such as the Board has heard evidence and made findings of fact based on its appreciation thereof, the Tribunal will only interfere in the case of manifest error."


internal appeals body; report; evidence; testimony; judicial review; limits; disregard of essential fact; mistake of fact; manifest error

Dernière mise à jour: 27.03.2019 ^ haut