Everything that is said is transcribed and can certainly be included in an appeal factum, as is the usual procedure.
Of course, when I questioned officials about this appeal, I asked them where they had taken their model. I am aware of certain appeal models, but I wasn't aware of this one. I have to admit that if I were a named person, I would be very concerned about asking someone who has told me I'm in the wrong to explain to me why I wouldn't win in front of a court of appeal. That is what is being asked here.
I think it's a great process for academics and that it might allow us to advance the state of the law, but I don't think it's very reassuring. I was told that this appeal process is the one already provided for in the Immigration Act, whereby the decision-maker determines that questions of general importance are involved and states those questions for consideration by his colleagues, I believe.