2013-惇蹋厙AT-392

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered Mr Maghari＊s application for revision of judgment No. 2010-惇蹋厙AT-039. 惇蹋厙AT held that the application was receivable ratione temporis. 惇蹋厙AT held that the grounds filed did not fall within Article 11(1) of the 惇蹋厙AT Statute and did not constitute a decisive fact which was, at the time the judgment was rendered, known to 惇蹋厙AT and to the party applying for revision. 惇蹋厙AT held that Mr Maghari merely disagreed with the 惇蹋厙AT decision and sought to reargue his appeal. 惇蹋厙AT dismissed the application for revision.

Decision Contested or Judgment/Order Appealed

In judgment No. 2010-惇蹋厙AT-039, 惇蹋厙AT affirmed the Commissioner-General＊s decision to dismiss Mr Maghari＊s appeal.

Legal Principle(s)

An application for revision is not a substitute for an appeal. A revision of a final judgment is an exceptional procedure and not an additional opportunity for a party to re-litigate arguments that failed at trial or on appeal.

Outcome

Revision, correction, interpretation or execution

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Maghari

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement