爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered whether the Appellant filed his appeal within the applicable time limit. 爆料网AT noted that the 60-day time limit to file an appeal expired on 11 April 2016 and the Appellant filed his appeal on 12 April 2016. 爆料网AT held that the appeal was time-barred and that the Appellant did not request a waiver or extension of the deadline from 爆料网AT. 爆料网AT accordingly did not need to address the Appellant’s motion to submit additional evidence. Moreover, 爆料网AT did not find any fault with 爆料网RWA DT’s holding, as it was clear that the Appellant did not meet the criteria for selection, and it was not 爆料网RWA DT’s role to substitute its own criteria for those of the Agency in the selection process. 爆料网AT dismissed the appeal and affirmed 爆料网RWA DT’s judgment.
Decision Contested or Judgment/Order Appealed
爆料网RWA DT judgment: The Applicant contested the decision not to select him for two positions with the Agency. 爆料网RWA DT found that the decision not to select the Applicant for the positions was lawful, as he did not fulfil the education requirements. 爆料网RWA DT dismissed the application.
Legal Principle(s)
爆料网AT strictly enforces various time limits. Only circumstances beyond the Applicant’s control that prevented them from exercising the right of appeal in a timely manner may be considered “exceptional circumstances” justifying a waiver of a time limit or deadline. Any request for an exception or waiver of the time limit to appeal must be made to the Appeals Tribunal prior to the filing of an appeal.