UNDT/2020/113, Dolgopolov
Given that the decision not to lift the Applicant’s immunity is not an administrative decision capable of judicial review, the request for compensation for any harm caused by such decision is consequently also beyond the scope of the Tribunal’s competence. The Applicant failed to request management evaluation of the Administration’s refusal of his claim for compensation. This part of his application is therefore not receivable under art. 8.1(c) of the Tribunal’s Statute and staff rule 11.2(a).
Decision not to lift the Applicant’s immunity to file a lawsuit against a Ukrainian official for slander and the Administration’s rejection of his request for compensation for “loss of opportunity to get remedy for the slander†caused by said official.
The decision not to lift a staff member’s immunity is not an administrative decision capable of judicial review.