Judgment No. 3983
Decision
The applications for review are dismissed.
Summary
The complainant has filed applications for review of Judgments 3508, 3628, 3710, 3711, 3712, 3778, 3779 and 3780.
Consideration 1
Extract:
Under Article VI of its Statute the Tribunal’s judgments are “final and without appeal” and carry res judicata authority. They may therefore be reviewed only in exceptional circumstances and on strictly limited grounds. The only admissible grounds for review are failure to take account of material facts, a material error involving no exercise of judgement, an omission to rule on a claim, or the discovery of new facts on which the complainant was unable to rely in the original proceedings. Moreover, these pleas must be likely to have a bearing on the outcome of the case. Pleas of a mistake of law, failure to admit evidence, misinterpretation of the facts or omission to rule on a plea, on the other hand, afford no grounds for review (see Judgment 3633, under 3, and the case law cited therein). The recent explicit recognition in the Tribunal’s Statute of the right to apply for a review has not altered the limits established in the Tribunal’s case law as to the grounds on which such applications can be admitted.
Reference(s)
ILOAT Judgment(s): 3633
Keywords
application for review; grounds
Judgment keywords
Reference(s)
ILOAT Judgment(s): 3508, 3628, 3710, 3711, 3712, 3778, 3779, 3780
Keywords
application for review; complaint dismissed
Consideration 2
Extract:
[T]he plea that the Tribunal misinterpreted the evidence in the file does not constitute an admissible ground for review.
Keywords
admissible grounds for review; misinterpretation of the facts
Consideration 4
Extract:
[T]he complainant is simply expressing his disagreement with the Tribunal’s assessment of the facts and evidence. In so doing, he does not raise any admissible ground for review.
Keywords
admissible grounds for review; appraisal of facts
Consideration 6
Extract:
[T]he complainant is in effect alleging that the Tribunal made an incorrect assessment of the facts. Such a plea does not constitute an admissible ground for review.
Keywords
admissible grounds for review; appraisal of facts
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