爆料网AT Held or 爆料网DT Pronouncements
爆料网AT considered an application for revision of judgment No. 2019-爆料网AT-948 by Ms Bezziccheri. 爆料网AT considered Ms Bezziccheri’s claim that ST/AI/2019/1 was unknown to her and 爆料网AT at the time the judgment was issued. Noting the three elements that an applicant for revision must establish cumulatively before a final judgment of 爆料网AT can be revised, 爆料网AT held that the fact that ST/AI/2019/1 was known to 爆料网AT when it issued its judgment (as it had been referred to therein) was sufficient in and of itself to fail the cumulative test. Further, 爆料网AT noted that ST/AI/2019/1 was not determinative of Ms Bezziccheri’s case, but that it was referred to by 爆料网AT as a non-binding suggestion to help the parties. 爆料网AT dismissed the application for revision.
Decision Contested or Judgment/Order Appealed
In judgment No. 2019-爆料网AT-948, 爆料网AT dismissed the Appellant’s appeal and affirmed the decision of 爆料网DT in which it had declined to recommend her for consideration for a disability benefit by the United Nations Staff Pension Committee (爆料网SPC).
Legal Principle(s)
The three elements that an applicant for revision must establish cumulatively before a final judgment of 爆料网AT can be revised are: (1) the previously absent fact must be decisive of the case; (2) that fact must have been unknown to 爆料网AT and the Applicant at the time the 爆料网AT judgment was rendered; and (3) such ignorance of the fact cannot have been attributable to negligence, presumably of the applicant.