2018-UNAT-872 | SYSTEM OF ADMINISTRATION OF JUSTICE

2018-UNAT-872, Sylvester

UNAT Held or UNDT Pronouncements

UNAT held that the Appellant did not present sufficient evidence to support his claim and demonstrate any incapacity during the relevant time frame. UNAT was satisfied that the AJAB had considered all relevant evidence to the issues. UNAT dismissed the appeal and affirmed the decision of the ICAO Secretary-General.

Decision Contested or Judgment Appealed

ICAO Decision: The Applicant submitted a request for a waiver of the delay in filing an appeal to the Secretary-General of ICAO in view of exceptional circumstances. The Secretary-General of ICAO decided to accept the opinion of the Advisory Joint Appeals Board (AJAB) that the Applicant’s request did not present evidence of “exceptional circumstances” justifying a waiver and to deny the Applicant’s appeal.

Legal Principle(s)

The Applicant bears the burden to prove any circumstances beyond his or her control that would have the effect of preventing him or her from acting within the statutory time limits.

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.

Full Judgment

Applicants/ Appellants

Sylvester

Entity

ICAO

Case Number(s)

2018-1164

Tribunal

UNAT

Registry Location :

New York