173.32
VGGLTAF
CH
Art. 46 Bundesgesetz vom 17. Juni 2005 über das Bundesverwaltungsgericht (VGG) - Verhältnis zur Beschwerde
VGG; 4. Kapitel: Revision, Erläuterung und Berichtigung
Art. 46 VGG · Verhältnis zur Beschwerde
Nicht als Revisionsgründe gelten Gründe, welche die Partei, die um Revision nachsucht, bereits mit einer Beschwerde gegen den Entscheid des Bundesverwaltungsgerichts hätte geltend machen können.
Gerichtsentscheide zu dieser Bestimmung (41)
E-7248/2025 (Art. 46 VGG)
Asylum Revision Denied Due to Untimely Evidence
Cited in relation to the apparent lateness of submitted evidence.
E-7137/2024 (Art. 46 VGG)
Revision Request Denied: Deportation Order Stands
Referred to in conjunction with Art. 123 Abs. 2 Bst. a BGG regarding the inadmissibility of the revision request due to late submission.
E-6852/2024 (Art. 46 VGG)
Dismissal of Revision Request for Expulsion Order Due to Untimely and Insufficient Evidence
Cited in relation to the inadmissibility of revision requests if the grounds could have been raised in the original proceedings.
C-290/2023 (Art. 46 VGG)
Revision Request Dismissed for Failure to Present New Grounds
Used to declare the revision application inadmissible because the grounds raised could have been raised in an appeal.
D-3322/2022 (Art. 46 VGG)
Asylum Claim Rejected: New Evidence Deemed Untimely and Lacking Credibility
The court refers to this provision in conjunction with Art. 123 Abs. 2 Bst. a BGG to state that the newly submitted evidence was submitted too late.
D-2497/2022 (Art. 46 VGG)
Asylum Case Reopened Due to New Evidence of Persecution
Cited to exclude grounds that could have been raised in the ordinary appeal procedure.
E-5695/2021 (Art. 46 VGG)
Asylum Appeal Revision Due to Misinterpreted Notification
Excludes grounds for revision that could have been raised in the ordinary appeal proceedings.
D-3909/2021 (Art. 46 VGG)
Asylum Denial Upheld Despite New Evidence
The court excluded the submitted evidence because it should have been presented during the ordinary proceedings, as per this article.
A-2772/2021 (Art. 46 LTAF)
Tax Authority v. Hungarian Company (Swiss Federal Gazette Notification)
Cited in relation to the subsidiary nature of revision and the requirement to raise grounds for revision during ordinary proceedings, but deemed inapplicable here due to the limitations of Art. 84a LTF.
D-4744/2020 (Art. 46 VGG)
Syrian asylum seeker's revision request denied due to untimely and unreliable evidence.
Cited in conjunction with Art. 123 Abs. 2 Bst. a BGG to exclude reasons that could have been raised in the ordinary proceedings.
C-5814/2020 (Art. 46 VGG)
Revision Requests Dismissed for Lack of Jurisdiction and Admissibility
Applied to exclude grounds for revision that could have been raised in the original appeal.
D-1688/2020 (Art. 46 VGG)
Eritrean Asylum Seeker Denied Revision Due to Untimely Evidence Submission
Cited as a reason why the revision arguments are considered untimely and not valid grounds for revision.
E-2736/2019 (Art. 46 VGG)
Eritrean Asylum Revision Denied Over Insufficient and Untimely Evidence
This provision, referenced in the reasoning, excludes grounds for revision that could have been raised in the original appeal proceedings. The court applies this principle to reject the applicant's arguments concerning his political engagement as not being new or having been available earlier.
D-203/2020 (Art. 46 VGG)
Asylum Revision Denied Due to Untimely and Irrelevant Evidence
Cited as a ground for rejecting the revision request, stating that grounds which could have been raised in the ordinary appeal procedure are not grounds for revision.
D-6164/2019 (Art. 46 VGG)
Asylum Revision Denied: Failure to Present New Evidence Diligently
Cited as a procedural bar to revision when grounds could have been raised in the ordinary appeal procedure.