EK v Department for Communities (IS)

1.���� Having considered the circumstances of the case, I am satisfied that the application can properly be determined without a hearing. �In his application for leave to appeal, the appellant stated that he did not wish to have an oral hearing of his application.

2.���� I grant leave to appeal and proceed to determine all questions arising thereon as though they arose on appeal.

3.���� The decision of the appeal tribunal dated 31 October 2018 is not in error of law. �Accordingly, the appeal to the Social Security Commissioner does not succeed. �The decision of the appeal tribunal is confirmed.

5.���� The appellant has also been concerned at what he has identified as shortcomings and failures in the administrative processing of his case in the Appeals Service (TAS). �As will be explained below, I have accepted that certain of those concerns are justified but have concluded that the deficiencies do not amount to a procedural irregularity such as to render the decision of the appeal tribunal as being in error of law.

6.���� Finally, the appellant has also been extremely patient in waiting for the outcome of proceedings which have been protracted.