Will the IAA ask me to provide any information?
There may be limited circumstances in which we will invite you to comment on information we have obtained or to provide new information to us. We will contact you if we need you to provide any information.
Will the IAA interview me?
Usually, the IAA will make a decision without inviting you to an interview. We will usually have a recording of the interview you had with the Department and will listen to that recording before making our decision.
In very limited circumstances we may invite you to provide new information or comments at an interview. We will contact you if we decide to invite you to an interview.
Are IAA interviews conducted in person?
The IAA conducts interviews either in person, by video link or by telephone. If we invite you to an interview, the invitation will tell you where, when and how the interview will take place.
Who will be at my interview?
The interview will usually be conducted by the IAA reviewer who is reviewing your case. There will also be an interpreter present if you require one.
Are IAA interviews recorded?
IAA interviews are recorded, but are confidential and nothing you say will be made public in any way that might identify you.
You can request a copy of the recording.
What happens at an IAA interview?
At an interview, the IAA will ask you to provide specific new information, or to comment on new information we have obtained. It is generally not an opportunity to discuss claims or evidence you have already given to the Department.
What is the difference between an IAA interview and a hearing in the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT)?
The IAA holds interviews to obtain specific new information or comment from an applicant. An IAA interview is not a general opportunity to re-argue your case or re-present your evidence. This is very different to proceedings in the Migration and Refugee Division (MRD) of the AAT. The MRD is required to invite applicants to attend a hearing to give evidence and present arguments relating to the issues in the review.
Unlike the MRD of the AAT, the IAA has no power to hold a hearing. The Migration Act requires the IAA to conduct its review without interviewing the applicant, other than in very limited circumstances.
Can I bring anyone to the interview?
We may allow another person, such as a representative or support person, to be present and observe the interview. However, unlike hearings in the AAT, representatives do not actively participate in the IAA interview.
The IAA has invited me to provide new information. When do I need to respond?
Your invitation will indicate the date by which the IAA should receive your information or, if you are invited to respond at an interview, the date and time of the interview.
The IAA has invited me to provide new information in writing. Can I request more time?
The timeframes for giving new information are specified in the migration legislation.
If you are unable to provide your information by the relevant date, you can contact and explain why you are unable to provide the information within the timeframe, and when you expect to be able to provide it. However, please note that the IAA has no obligation to delay its decision, and may make a decision without taking any further action to get your information.
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What if I don’t respond to the invitation to provide new information in time?
If we do not receive your information by the date specified in the invitation, we may make a decision without taking any action to get the information.
I’ve been invited to comment on new information obtained by the IAA. How do I respond?
Your invitation letter will explain why we think the information is relevant to your case, and specify whether you should respond in writing or at an interview.
Your response is your opportunity to tell us your views about the new information, including your views on how it affects your claims for protection.
Your response can include any country information or other evidence you wish the IAA to consider.
If you provide new information in your response, you must also clearly identify that it is new information, and provide a new information explanation, explaining why you consider the new information meets these requirements. For more information, see ‘What is a new information explanation?
The IAA has invited me to provide comments on new information. When do I need to respond?
Your invitation will indicate the date by which the IAA should receive your comments or, if you are invited to respond at an interview, the date and time of the interview.
The IAA has invited me to provide comments in writing. Can I request more time?
The timeframes for giving comments are specified in the migration legislation.
If you are unable to provide your comments by the relevant date, you can contact and explain why you are unable to provide the comments within the timeframe, and when you expect to be able to provide them. However, please note that the IAA has no obligation to delay its decision, and may make a decision without taking any further action to get your comments.
The IAA has invited me to provide comments in writing. What if I don’t respond in the time specified?
If we do not receive your comments by the date specified in the invitation, we may go ahead and make a decision without taking any action to get the comments.
I’ve been invited to an interview but can’t attend on that day. What should I do?
If you are unable to attend your IAA interview, you should contact us as soon as possible to let us know and explain why you are unable to attend. In limited circumstances we may reschedule the interview to a later date.
What happens if I don’t attend my interview?
If you do not attend your scheduled interview, the IAA may make a decision without inviting you to a further interview or taking any action to get the information or comments we had invited you to provide at interview.