Judgment No. 249
Decision
THE COMPLAINT IS DISMISSED.
Considerations
Extract:
According to the applicable provision and the principle whereby final administrative decisions may not be interfered with, the exceptional power be stowed on the Secretary-General to reopen a case forms part of his purely discretionary authority; "the Tribunal may not review his exercise of that power unless, for example, there is an error of law or of fact or an obvious mistake of interpretation."
Keywords
case reopened; judicial review; discretion; executive head
Considerations
Extract:
The complainant "did not appeal to the Tribunal against either decision within the statutory time limits. The decisions have therefore become final and are no longer open to appeal unless the Secretary-General exercises his power to reopen the case."
Keywords
decision; case reopened; receivability of the complaint; internal remedies exhausted; time limit; exception; time bar
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