Objection to the final decision of the Court of Administrative Justice
Appeal against the final decision of the court
Before addressing how to protest against the final verdict of the Administrative Court, we must understand the duties of the Administrative Court. The country’s Administrative Court is responsible for addressing public complaints against officials, organizations, government agencies, and regulations. This review takes place when decisions, regulations, or actions are found to be contrary to the law. Another duty of this court is to combat all forms of corruption and misconduct.
The process of objecting to the final verdict of the Administrative Court is similar to other judicial decisions and should be pursued through judicial authorities. If you have a complaint against government agencies, organizations, or institutions, you must refer to the Administrative Court authorities and follow up on your complaint in this manner. When an individual objects to the final verdict of the Administrative Court, it is necessary to file their lawsuit with this court.
If you want to expedite the handling of your objection, you should visit the Administrative Court’s secretariat to register your objection. If you cannot visit in person, you can go to electronic judicial service offices in various provinces and cities to file your lawsuit.
Another way to file a lawsuit in the Administrative Court to object to the final verdict is to visit the website of the Administrative Court. By using the Sajed electronic system, your lawsuit can be registered entirely electronically. In the following, we intend to thoroughly examine various methods of objecting to the verdict of the Administrative Court and discuss it from various aspects to clarify the matter.
Final decision of the court
“Final decisions” refer to decisions issued by the Administrative Court of Justice, which are non-appealable except in certain cases stated in this article. In fact, the plaintiff (the person or entity that filed the complaint) is allowed to request and enforce these votes.
One of the ways to protest the final decisions of the Administrative Court of Justice is to submit a request for retrial. According to the Law on the Organization of Procedures of the Court of Administrative Justice, the resumption of proceedings deals with the following matters:
If the issued verdict is not related to the subject of the complaint-
The sentence issued is more than the plaintiff’s request or the subject of the petition-
There is a contradiction in the sentence; For example, if there is insufficient evidence for a ruling and the Administrative Court of Justice rules in favor of the other party, then there is a conflict-
If the fakeness of the presented documents is proven in the next court or its authenticity is not confirmed-
If these cases occur, a person can file a complaint against the final decision issued by the Administrative Court of Justice and request a retrial.
Resumption of proceedings in the Administrative Court of Justice is a specialized process by the lawyers of the Administrative Court of Justice. In this process, complaints are handled in the country’s Administrative Court of Justice without the presence of the parties. This approach is because the main focus is on the formal aspects of the complaint and it is not analyzed in terms of content.
According to the cases mentioned above, the Administrative Court of Justice does not normally issue a final ruling on the cases that are sent to it, except in exceptional cases. Therefore, most cases are considered as inconclusive or appealable cases. The Court of Administrative Justice examines the issued verdict precisely by referring to the relevant laws and regulations. If the court decision is in accordance with the law and regulations, it will be accepted as final and enforceable. However, if the court’s decision contradicts the Shari’a or the laws and affects its validity, the branch of the Administrative Court of Justice will violate it.
?Is the decision issued in the Court of Administrative Justice objectionable
If a decision is issued in the Administrative Court of Justice branch without the involvement of a third party interested in the proceedings, or if the decision has violated the rights of a third party, the petitioner can appeal within two months from the date of issuance of the decision.
These objections are raised in the branches related to the cases. In these branches, the reasons for objection are examined and based on them, the contested decision may be revised.
In some cases, the judge of the trial branch may allow the judge to send the case to the appeals branch if he realizes his mistake in issuing the decision. According to Article 75 of this bill, if the judge of the first instance branch finds a mistake in his decision and the case is not sent to the appeals branch, the president of the court will refer this issue to the appeals branch. In such a situation, the appeals branch recognizes the decision number issued by the primary court as invalid.
How to appeal the final decision of the Court of Administrative Justice
It is possible to appeal against the final decision of the Administrative Court of Justice in five situations:
Declaration of error by the case judge: In this case, the case judge can introduce the objection based on Article 74 and 75 of the Administrative Court Law.
Vote against the law or Shariah: If the vote is issued against the ruling laws or regulations, people can protest based on Article 79 of the law.
Request for restoration of dignity: Article 98 of the law provides the possibility to appeal the final decision of the Court of Administrative Justice in the form of a request for restoration of dignity.
Inconsistency with the rules: If the vote is in contradiction, you can file an objection based on Article 89.
Third objection: The last method of objection to the final decision of the Administrative Court of Justice is through the third objection based on Article 57 of the law.
If the verdict results from a violation, the case is referred to the General Board of the Administrative Court of Justice to resolve the violation or to the issuing court. In other cases, the case is sent to the relevant branch for general and topical review.
Conditions of appeal to the final decision of the Court of Administrative Justice
The conditions for protesting the final decision of the Administrative Court of Justice are such that after the decision is violated or for re-examination, the case is referred by the general board to the same branch or the court. In this situation, there is a possibility of protest, revision and appeal for the case.
In this situation, the litigants must act according to the previous regulations for the appeal and its formalities. If the appeal petition for the decision issued to the general board or appeal is submitted to the court outside of the prescribed deadline, i.e. 2 months and 20 days, or if the defects in the petition are not resolved within the specified period, the court office will reject this petition.
People living in Iran can protest and appeal the decision within 20 days, and people living abroad can protest and appeal within 2 months.
The process of notifying the decision of the administrative court
According to Article 61 of the Organization and Procedure Law, after issuing the verdict and recording it in the file, it must be communicated to the parties of the case within 5 days.
In the first stage, after receiving the case to the Supreme Court, the head of the Administrative Court of Justice or one of his deputies will refer the case to one of the branches of the Administrative Court in the order of receipt and respecting the order. In the next step, the necessary checks are done, except when out-of-hours processing is required. Then, the branch to which the request was referred will issue a final decision based on whether the request is denied or approved.
final word
The most important point here is that before drawing up a contract or request, it is better to consult an expert and professional lawyer. This will help you greatly increase your chances of success. Therefore, we suggest that you entrust similar legal issues to a reputable law firm of an influential lawyer to deal with your legal issues in peace.
Challenging a final decision with the help and guidance of legal lawyers is a challenging process, which requires the assistance of an experienced and skilled lawyer in this field. In order to obtain the desired result, it is vital to take advantage of the guidance of a skilled lawyer and benefit from his experience and expertise.
Frequently Asked Questions
?Is the decision issued in the Court of Administrative Justice objectionable
Yes, the decision issued in the Court of Administrative Justice can be appealed. If the decision of the Court of Justice branch is issued without the intervention of the interested third party at the stage of the proceedings, or in the case that the decision has violated the rights of the third party, the petitioner can appeal within two months from the date of issuance of the decision.
?What are the conditions for protesting the decision of the Court of Administrative Justice
It is possible to object to the final decision of the Administrative Court of Justice in 5 cases, which are fully discussed in this article.
?How long is the appeal against the final decision of the Court of Justice
People who live in Iran can protest and appeal the decision within 20 days and those who live outside the country within 2 months.