IA019762016

This is an appeal against the decision of First-tier Tribunal Judge Norris promulgated on 2 February 2018 dismissing the Appellant's appeal against a decision of the Respondent dated 14 April 2016 refusing leave to remain in the United Kingdom.

The Appellant is a national of Nepal born on 26 September 1981. I do not propose to rehearse his immigration history which is a matter of record set out in the Respondent's 'reasons for refusal' letter ('RFRL') of 14 April 2016, and is also summarised in the opening paragraphs of the Decision of the First-tier Tribunal. I will refer to the history as is incidental for the purposes of this appeal.

The Appellant sought permission to appeal which was in the first instance refused by First-tier Tribunal Judge Grimmett on 5 March 2018. However permission to appeal was granted by Upper Tribunal Judge King on 16 May 2018. Judge King considered that it was arguable that the Judge had fallen into error in refusing the application for an adjournment and proceeding with the appeal in the Appellant's absence.

The history of the various adjournment applications that had previously been made in this appeal, and the First-tier Tribunal Judge's reasons for refusing an adjournment and proceeding with the appeal in the Appellant's absence, are conveniently set out at paragraphs 5.1 - 5.11 of the Decision of the First-tier Tribunal.

5.2 With the Appellant's letter was a letter "To Whom it May Concern" from a Dr Singh of a practice in Hounslow West. It says that the Appellant has been registered there for some five years; he is pre-diabetic, has high cholesterol and suffers from anxiety and depression, for which he has been prescribed medication and misses his wife and two children who are in Nepal. He had had a cough "for a few weeks" for which he had been given antibiotics, and was undergoing further investigation for tuberculosis. Dr Singh had advised him not to attend "classes and work" during the investigation period.