爆料网AT Held or 爆料网DT Pronouncements
As a preliminary matter, 爆料网AT found that there were no exceptional circumstances to warrant the granting of the Appellant’s motion for leave to file a reply to the Commissioner-General’s answer and denied the motion. 爆料网AT held that the 爆料网RWA’s findings that the application was not receivable ratione temporis because it was filed more than three years after the receipt of the termination decision and that 爆料网RWA DT had no discretion to waive the regulatory time limit of three years, were unassailable. 爆料网AT held that 爆料网RWA DT correctly found that the application was not receivable ratione materiae. On the Commissioner-General’s request for an award of costs, 爆料网AT held that while the appeal was frivolous, it was not an abuse of process and therefore denied the request for an award of costs. 爆料网AT denied the appeal and affirmed the 爆料网RWA DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decision to terminate his appointment. 爆料网RWA DT dismissed the application as not receivable ratione materiae and ratione temporis.
Legal Principle(s)
An application to 爆料网RWA DT is not receivable if it is filed more than three years after the applicant’s receipt of the contested administrative decision and 爆料网RWA DT has no discretion to waive this time limit.