UNAT Held or UNDT Pronouncements
The UNAT first held that the contested decision of 17 April 2011 did not constitute an appealable administrative decision and was not receivable ratione materiae, insofar as it merely advised the former staff member to go to the nearest UNHCR office and seek asylum or resettlement as a refugee.
Subsidiarily, even assuming that the e-mail of 17 April 2011 could have constituted a valid appealable administrative decision, the UNAT found that the former staff member’s application would nonetheless remain not receivable on two grounds. First, he did not request management evaluation of the contested decision within the 60-day time limit prescribed by Staff Rule 11.2(c). Second, his application was not filed with the UNDT before 24 April 2025, well beyond the statutory three-year deadline following receipt of the contested decision.
Finally, even assuming that the letter of 21 November 2019 entitled “Management Evaluation Request" could constitute a genuine request for management evaluation, the UNAT held that the application would remain not receivable, as both the time limit for submitting the management evaluation request and the deadline for filing the application would have been significantly exceeded.
The UNAT dismissed the appeal and affirmed Judgment No. UNDT/2025/020.
Decision Contested or Judgment/Order Appealed
A former staff member of the 麻豆APP Mission in the Central African Republic and Chad (MINURCAT) contested the Administration’s decision of 17 April 2011 not to provide him with personal security measures following events that had occurred in 2009.
In its Judgment on Receivability No. UNDT/2025/020, the UNDT dismissed the former staff member’s application as not receivable ratione temporis.
Former staff member appealed.
Legal Principle(s)
An administrative decision is a decision that produces direct legal consequences affecting a staff member's terms or conditions of appointment. A non-binding recommendation cannot be considered an administrative decision subject to judicial review.
A management evaluation request is not receivable unless it is sent within 60 calendar days from the date on which the staff member received notification of the administrative decision to be contested.
An appeal shall not be receivable if it is filed more than three years after the staff member’s receipt of the contested administrative decision.This deadline is mandatory and cannot be waived by the UNDT even in exceptional circumstances.