2019-��AT-959

��AT Held or ��DT Pronouncements

��AT held that ��DT did not err in dismissing the application as not receivable ratione temporis. ��AT held that there had been no new administrative decision (capable of resetting the deadlines), but merely a reiteration of the previously communicated original decision. ��AT held that, with respect to the original decision, the Applicant did not file a request to ��DT to suspend or extend the deadlines for filing her application to ��DT, nor did she claim exceptional circumstances justifying a waiver of the time limits. ��AT dismissed the appeal and affirmed the ��DT judgment.

Decision Contested or Judgment/Order Appealed

The Applicant contested the decision not to reimburse her registration or the parents�� association fees as part of her education grant advance. ��DT dismissed her application on the grounds that it was time-barred.

Legal Principle(s)

A staff member cannot reset the time limits for management evaluation by asking for a confirmation of an administrative decision that has been communicated to him or her earlier. A subsequent reiteration of a previously communicated decision, if it does not add anything different or material to the original decision, is not a new administrative decision triggering a new time limit for appeal.

Outcome

Appeal dismissed on merits

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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

Wesslund

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement