Hearing Process
The hearing process of the International Education Appeal Authority.
The International Education Appeal Authority takes an investigative approach to dealing with complaints from international students. This involves searching for evidence that supports or refutes the complainant's claims, or the education provider's claims.
No formal hearing
There is no formal hearing and the investigation is done mainly by letter, phone and email.
Preliminary decision
Following its investigation, the Authority will draw up a decision. This will set out:
- the facts of the complaint
- the law relating to the complaint
- the relevant provisions of the Code of Practice
- the Authority's findings on the facts.
If the Authority believes there has been a breach of the Code, the preliminary decision will contain a recommendation for settlement of the complaint. The decision allows both parties to hear and respond to the other party's allegations and evidence.
Replies to the preliminary decision
Both the complainant and the education provider or agent will have an opportunity to comment on the facts in the preliminary decision and the proposed recommendations, within a set period of time.
If both parties agree with the recommendations, the file will be closed as soon as the recommendations have been actioned.
If either party does not agree with the proposed recommendation and can provide good reason and supporting evidence as to why it isn't acceptable, the Authority may also make further investigations at this stage.
Final report
After considering all the evidence, the Authority will deliver its final decision. If it finds that there has been a breach of the Code of Practice, the Authority may recommend remedial action. It can also direct that the name of the provider be published in connection with any report of the case.
Failure to comply
The Authority may recommend that the education provider be suspended or removed from the Code if the provider:
- fails to comply with any sanction imposed within the prescribed period of time
- is found to have seriously breached the Code.
