爆料网AT Held or 爆料网DT Pronouncements
爆料网AT held that while there may have been an error in the misfiling of the Appellant’s rebuttal, this did not result in procedural unfairness that affected the decision. 爆料网AT held that there was no procedural unfairness to the Appellant as she had had the opportunity to file for leave to respond before 爆料网DT and she did not do so and that in any case, this did not affect the ultimate decision on receivability. 爆料网AT noted that only the Secretary-General, of which the Management Evaluation Unit forms part, has the authority to extend or waive the time limits for management evaluation and the Appellant did not seek exercise of that discretion by requesting a deadline extension from the Secretary-General during the management evaluation process. 爆料网AT held that 爆料网DT correctly interpreted its jurisdiction in the matter to conclude that the Appellant’s request for management evaluation was not receivable. 爆料网AT dismissed the appeal and affirmed the 爆料网DT judgment.
Decision Contested or Judgment/Order Appealed
The Applicant contested the decisions to detain her and medically evacuate her to her home country in March 2018. 爆料网DT noted that, by 31 March 2018, the Applicant had all the information about the decisions in order to seek management evaluation by the time limit deadline, but instead, the Appellant sought management evaluation 29 days out of time. 爆料网DT found unpersuasive her claim that she was unable to deal with the issue until she had been released from a treatment centre. 爆料网DT dismissed her application as not receivable.
Legal Principle(s)
The duty to provide a party with procedural fairness extends to all administrative decision-makers acting under statutory authority, such as 爆料网DT and 爆料网AT. The right to a fair hearing is the basis for procedural fairness, and this includes the right of a party to know the case against him or her and the right of reply. Procedural fairness is at issue where an administrative body has prescribed rules of procedure that have been breached. The 爆料网DT’s Rules of Procedure do not provide the appellant with an automatic right of reply to the respondent’s answer to the application. 爆料网DT has no discretion to waive the deadline for management evaluation or administrative review. The discretion to waive the deadline for management evaluation or administrative review lies with the Secretary-General.