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The appellant appealed against the respondent's decision dated 30 June 2017 to refuse him leave to remain.
Judge Traynor (the judge) dismissed the appeal for reasons he set out in a decision promulgated on 4 September 2018.
The grounds claim the judge erred because of a procedural irregularity leading to unfairness. That was because the appellant's solicitors Thamina Solicitors faxed a letter to the Tribunal at 14:18 on 11 June 2018 enclosing a letter from them and a "statement of fitness for work". Their letter said inter alia:
"We have been acting as a representative of the appellant. Our client has an outstanding appeal, which is listed for hearing on 12 June 2018 at IAC Taylor House. The appellant Mr [S] has instructed us that he is suffering from diarrhoea and vomiting and he is currently very unwell. As a result, he is now unable to attend the hearing on 12 June 2018 at IAC Taylor House. We have attached herewith a 'statement of fitness for work' letter for your kind consideration.
In all fairness it should be recognised that this is not the appellant fault as he have tried his level best to attend the hearing . In the interest of fairness therefore, we would impress upon the Tribunal to accede to his requests so as to grant an adjournment, as this appeal is very important for him.
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