IA162892013

The appellant is a citizen of Pakistan born on 13 June 1975. He appeals against the respondent�s decision of 24 April 2013 refusing to vary leave to remain in the United Kingdom and to remove him from the United Kingdom.

The appeal came before First-tier Tribunal Judge Coleman at a hearing on 9 October 2013. On that occasion the appellant did not attend and an adjournment was sought on the basis of his health. The judge having considered the matter refused the adjournment, whereupon the representative took no further part in the proceedings.

Grounds of appeal were submitted, it being contended on behalf of the appellant that it was unfair and unjust in all the circumstances for the adjournment not to have been granted because he has been deprived of the opportunity of presenting his case properly and presenting important documents. It was also asserted that the Judge erred in law in respect of the burden of proof in what was said at paragraph 22. It was upon that somewhat narrow basis that permission to appeal was granted.

On the subject matter of the adjournment, this was based upon a medical report from the Castlebury Medical Centre dated 2 October 2013. It reads as follows:

�Mr Ilyas tells me that he has fallen down the stairs and injured his back. He is in a lot of pain and is unable to mobilise properly. He is finding it difficult to work and feels that he will be unable to attend the hearing on 9 October 2013. I would be grateful if you can excuse him on that day.