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The Deputy High Commissioner, who has received a delegation from the High Commissioner, is legally competent to carry out the management evaluation of a decision taken by the latter. The legality of a decision must be assessed as at the date when it was taken, and not in light of subsequent circumstances. As regards promotions, considering the discretionary nature of these decisions, the Tribunal’s role is only to review the legality of the procedure followed and to examine whether there have been any errors of facts in the assessment of the staff member’s career. Under the principle that similar acts require similar rules, the decision that modifies the original provision governing the promotion procedure in UNHCR must be taken through the same procedure followed to adopt the original provision. The APPB rules of procedure state that the APPB is established to advise the High Commissioner on appointments, postings and promotions of staff. Hence, the High Commissioner cannot legally promote a staff member whose situation has not been considered by the APPB. This irregularity must lead to the rescission of the decision to deny the applicant a promotion. Pursuant to article 10.5(a) of the Tribunal’s Statute, the Judge set the sum of CHF8,000 as the amount of compensation that the respondent may elect to pay as an alternative to the rescission of the contested administrative decision. This sum compensates the material damage suffered by the applicant but not the moral damage. The Judge will only grant compensation for moral damage if he considers that the applicant would have had a chance of promotion had no irregularity been committed. In the case at hand, the Judge grants CHF4,000 for moral damage to the applicant.