Question juridique clé
Whether the conditions for revision of the federal judgment of 9 November 2007 were met because an overlooked decisive fact showed timely filing.
Solution extraite
Yes. The appeal had in fact been lodged in time with the Swiss Embassy in Bangkok, so the prior non-entry decision was based on an overlooked material fact.
Motifs extraits
The filed documents showed that the complaint reached the embassy before 30 October 2007. The Federal Court had therefore failed to consider a material fact already in the file, corresponding to Art. 121 lit. d BGG. The revision request was also timely under Art. 124 Abs. 1 lit. b BGG.