yeah, i got the denial in.

it was from a different member of the board that wasn't at the hearing.

she actually doesn't even say that i didn't raise the matter - she says that if i didn't raise the matter, then i should have. but, i did raise the matter, and she has no way of knowing if i did or not, without checking the audio. a priori, if she is going to contemplate what might happen if i didn't raise the matter, she should also contemplate what might happen if i did. and, if i did, the adjudicator clearly ignored the point. so, this is a fallacious argument, at best.

then, she claims i have the burden of proof here (edit: on review), which i do, but my only argument would have been to submit the entire audio of the trial, which would be unreasonable. and, i actually cited evidence, which the reviewer clearly didn't consult. this is again a question of misconduct; i put in the review that the judge didn't look at the evidence, and it is dismissed without consulting the evidence. then, they claim i didn't provide a burden of proof. well, you didn't look at the evidence!

she then claims that the hearing member explored the s. 83 in detail over 21-23 - which is true, but it explored the detail of 83(1) and not 83(3), which is the argument presented. this is a red herring.

the denial essentially did not address my request, and did exactly the same thing that i claimed was the problem in the first place: i claimed that the adjudicator didn't address the evidence, and the review then also doesn't address the evidence.

i'm going to have to serve the appeal on monday or tuesday.

jagmeet singh must cut his beard.