The Appeal Hearing
Once the appeal is filed the immigration authorities will produce a tribunal record. The record will contain a copy of the appellant’s immigration application and the computer notes of the immigration officer who refused the application, providing a detailed explanation for the refusal decision. In sponsorship appeals, the tribunal record will often include a copy of the initial sponsorship application, the refusing visa officer’s notes explaining the reasons for the refusal, and any other additional documents the Minister’s Representative will use during the hearing.
The IAD will review the record to see if the case is straight-forward or simple enough to be resolved at an Alternative Dispute Resolution (ADR) conference. An ADR conference is a meeting between the appellant and the lawyer for the immigration department to see if the case can be settled without the need to go to a full hearing. If the IAD believes the case is suitable for an ADR, they will invite the appellant to provide submissions explaining why their case should be allowed to go to an ADR. The Minister may also provide submissions. If the IAD schedules an ADR then this usually occurs within a few months of the appeal being filed and provides an opportunity for an early resolution of the case.