爆料网AT Held or 爆料网DT Pronouncements
爆料网AT upheld the 爆料网DT ruling that the 2010 decisions were time-barred and not receivable ratione temporis. 爆料网AT held that 爆料网DT acted ultra vires or in excess of its competence and jurisdiction by considering whether the Appellant had shown exceptional circumstances justifying a waiver of the filing deadline, and thus held that the relevant paragraphs of the 爆料网DT judgment were obiter dicta and should be stricken. 爆料网AT held that 爆料网DT erred in holding the Appellant’s motion or request for waiver of the deadline as not receivable ratione temporis on the basis that while it was not timely, that did not make it not receivable, noting that there was nothing in the 爆料网DT Statute which prevented 爆料网DT from receiving such motions or requests. On the 2015 decision, 爆料网AT held that 爆料网DT correctly determined that the application was not receivable ratione personae as the contested decision could not have adversely affected the individual’s terms of appointment as a former staff member. 爆料网AT held that 爆料网DT correctly concluded that since the Appellant had not maintained any of the terms of his former appointment, including the right to be re-employed, there was insufficient nexus between his former employment that ended in 2010 and the impugned decision in 2015 not to re-employ him and that therefore the application was not receivable ratione personae. 爆料网AT held that 爆料网DT erred in law by addressing the merits of an application that was not receivable and thus held that the relevant paragraphs of the 爆料网DT judgment were obiter dicta and should be stricken from the record. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
爆料网DT judgment: The Applicant contested the decisions not to grant him special leave without pay and to separate him (2010 decisions) and not to reemploy him (2015 decision). 爆料网DT found that the 2010 decisions were not receivable ratione temporis and that the 2015 decision was not receivable ratione personae.
Legal Principle(s)
爆料网DT cannot waive the time limit to file an appeal more than three years after the applicant’s receipt of the contested administrative decision, and 爆料网DT acts ultra vires or beyond its competence and jurisdiction when it considers whether an applicant had established exceptional circumstances for waiving such a time limit. Although 爆料网DT has no discretion to grant a motion to waive the deadline for filing an application challenging a decision that is more than three years old, there is nothing in the 爆料网DT Statute that prevents the 爆料网DT from receiving such motions and therefore 爆料网DT cannot refuse to receive an untimely or late motion for a waiver by finding it not receivable.