爆料网AT Held or 爆料网DT Pronouncements
爆料网AT noted that only circumstances beyond an applicant’s control that prevented them from timely exercising the right of appeal may be considered “exceptional circumstances,” justifying a waiver of the statutory time limit. 爆料网AT noted that an applicant’s initial mistaken belief that decisions were lawful cannot be deemed to constitute exceptional circumstances justifying a waiver of the time limit to appeal those decisions, especially when they had every means of obtaining information from the Administration. 爆料网AT was not persuaded by the Appellant’s arguments upon appeal and did not find any error in law or in fact in 爆料网DT’s finding that the Chairperson’s advisement that there was no OHCHR-OHRM agreement did not constitute an “exceptional circumstance,” constituting a waiver of the two-month time limit as provided for by former Staff Rule 111.2(f). 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the recruitment procedures relating to 21 posts for which he was a candidate. 爆料网DT dismissed his application as time-barred, as he did not request a review of the contested administrative decision within two months as required by former Staff Rule 112.2(a) and no exceptional circumstances justified a waiver of the time limit.
Legal Principle(s)
Only circumstances beyond an applicant’s control that prevented them from timely exercising the right of appeal may be considered “exceptional circumstances,” justifying a waiver of the statutory time limit. An applicant’s initial mistaken belief that decisions were lawful cannot be deemed exceptional circumstances justifying a waiver of the time limit to appeal those decisions.