2017-惇蹋厙AT-789

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT held that the Appellant had not complied with his obligations under Article 2(1) of the 惇蹋厙AT Statute. 惇蹋厙AT held that there were no errors of law, fact, or procedure in the 惇蹋厙RWA DT judgment. 惇蹋厙AT held that under the relevant Circular, the Administration only had a duty to consider the Appellant＊s request to be transferred to a certain compound, but not his wish to be transferred to a certain school located in that compound. 惇蹋厙AT dismissed the appeal and affirmed the 惇蹋厙RWA DT Judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision to deny his request for a transfer. 惇蹋厙RWA DT dismissed the case in its entirety.

Legal Principle(s)

The function of 惇蹋厙AT is to determine if the first instance tribunal has made errors of fact or law, exceeded its jurisdiction or competence, or failed to exercise its jurisdiction, as prescribed in Article 2(1) of the 惇蹋厙AT Statute. The appellant has the burden of satisfying 惇蹋厙AT that the judgment rendered by the first instance tribunal is defective.

Outcome

Appeal dismissed on merits

Outcome Extra Text

No relief ordered; No relief ordered.

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the 惇蹋厙DT Statute and Article 11(3) of the 惇蹋厙AT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Applicants/Appellants

Barakat

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Case Number(s)

Tribunal

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Date of Judgement