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A hearing with a Tribunal member follows a legal process, and it is important that it is accessible for all parties involved in a case.
How hearings work
There are some differences in the way our hearings work. What happens at the hearing will depend on the law and the type of decision you have asked us to review.
In Tribunal hearings, generally:
- the member will explain what will happen
- if you are represented by a professional person such as a lawyer, your representative will usually talk on your behalf
- the member might ask the representative to talk briefly about the main issues in the review
- you will be asked to take an oath or make an affirmation that you will tell the truth at the hearing
- you will have an opportunity to present information and the member, the representative of the decision-maker (if there is one at your hearing) and any other party can ask questions
- any witnesses will be asked to give evidence. You, the representative of the decision-maker, any other party and the member can ask questions of each witness
- you and the representative of the decision-maker, if there is one, and any other party will have an opportunity to give a brief summary of all the main arguments in the review.
The length of the hearing varies from case to case. Many hearings are finished in under 3 hours, but they can be longer.
You might receive our decision at the end of the hearing, or at a later date.
We will make an audio recording of the hearing.
People who attend hearings
As well as you, there will be:
- the member(s)
- Tribunal staff
- depending on the type of case, a representative of the decision-maker
- any other person who is a party to the review.
There might also be:
- your representative, such as a lawyer or other professional person
- a support person such as a friend or family member
- any witnesses that you or any other party have asked to give evidence
- anyone summoned by us to give evidence.
How to address members
You should address a Tribunal member using:
- their title (e.g. Deputy President, Senior Member, or Member)
- name (e.g. Ms. Smith), or
- a combination of both (e.g. Senior Member Smith).
Some Tribunal members are judges, including the President. They may be addressed as ‘Your Honour’. The President may also be addressed as ‘President’.
A member’s title and name will usually be displayed in the hearing room, directly in front of the member.
Using an interpreter
If you need someone to interpret for you, we will arrange and pay for a qualified interpreter to attend the hearing. You can't ask a relative or friend to interpret for you.
You should read the information in the letter we sent you about the hearing date to find out how to ask for an interpreter before your hearing.
Hearings are usually open to the public
Tribunal hearings are usually open to the public. We can order that a hearing be held in private, but only if there is a good reason to do so. You can apply for such an order by telling is in writing why you require a private hearing.
Hearing recordings
We don't provide you with a recording of the hearing for most types of cases. We record the hearing to help the member write their decision or to keep for our own records. In these types of cases, you can usually inspect a transcript held by the Tribunal if one was produced as part of deciding the review.
For migration and protection (refugee) case types, you can request a copy of the recording at the end of the hearing, free of charge.
You can usually inspect a transcript held by the Tribunal if one was produced as part of deciding the review.
Otherwise, you must order a transcript of the hearing by sending a request form directly to Epiq:
- Epiq transcription order form - parties.pdf (214.17 KB)
[PDF 244KB]
You must pay the cost of obtaining a transcript. Charges are set by Epiq and are included on the form.
No. Audio, video or photography equipment (including mobile phones), or any other recording or transmission devices are prohibited on Tribunal premises, including in public areas.
All devices must be fully turned off before entering a hearing room.
You also aren't allowed to record virtual or telephone hearings.
Hearings are accessible
When we write to you to tell you about a hearing, you can let us know if you need support to take part.