Kuwait Court of Cassation principle number 512

Summary: - Establishment that the appellant did not submit an application to the Central Agency for Remedying the Status of Illegal Residents to open a file and issue a green card before bringing his action. Its implication. The administration had not become aware of the decision it was required to take. Its effect. It is under no obligation to initiate the procedures that the law requires it to undertake in this regard. The challenged judgment’s conclusion that the action was inadmissible for want of an administrative decision. Correct. Criticizing the judgment for the inference it drew on cogent grounds. A factual dispute beyond the review of the Court of Cassation. Rule: Whereas the challenged judgment based its ruling that the action seeking annulment of the negative decision of the Head of the Central Agency for Remedying the Status of Illegal Residents, consisting in refraining from opening a file for him and issuing a green reference card to complete his personal transactions, was inadmissible for want of an administrative decision, on what it inferred, in light of its discretionary power to understand and ascertain the facts of the action, the true nature of the administrative decision, and the extent to which it was required—that the papers contained nothing indicating that the appellant had applied to the aforementioned Central Agency to open a file and issue a green card before bringing his action, and that the administration had not become aware of the decision contemplated as being required. Consequently, the administrative authority was under no obligation to initiate the procedures that the law required to be undertaken in this regard. The judgment concluded that the action was inadmissible for want of an administrative decision. This was a cogent inference by the judgment, having an established basis in the papers and sufficient to support its ruling. Since the complaint in the ground of appeal revolves around criticizing that inference, it amounts to a factual dispute beyond the review of the Court of Cassation. Accordingly, the complaint is without basis.