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Judgment No. 3720

Decision

The application for review is dismissed.

Summary

The complainant seeks the review of Judgment 3510.

Judgment keywords

Reference(s)

Jugement(s) TAOIT: 3510

Keywords

application for review; complaint dismissed

Consideration 5

Extract:

The complainant’s plea that the Tribunal “passed over a number of significant facts” is tantamount to disagreeing with the Tribunal’s assessment of the evidence in the file. It is therefore irreceivable in an application for review.

Keywords

application for review; inadmissible grounds for review

Consideration 2

Extract:

The Tribunal’s judgments carry the authority of res judicata and may be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds therefor are failure to take account of material facts, a material error, in other words a mistaken finding of fact involving no exercise of judgement which thus differs from misinterpretation of the facts, an omission to rule on a claim, or the discovery of new facts which the complainant was unable to rely on in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. On the other hand, pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea afford no grounds for review (see, for example, Judgments 3001, under 2, 3452, under 2, 3473, under 3, and 3634, under 4).

Reference(s)

Jugement(s) TAOIT: 3001, 3452, 3473, 3634

Keywords

application for review

Consideration 4

Extract:

The complainant [...] asks the Tribunal to review the lawfulness of the procedure followed by the authorities of the Netherlands, but this is plainly not within its competence.

Keywords

competence of tribunal



 
Dernière mise à jour: 01.06.2020 ^ haut