Background
DXR19 applied for a protection visa. A delegate of the Minister refused the application, and the Administrative Appeals Tribunal affirmed that decision in September 2019.
The appellant then sought judicial review in the Federal Circuit and Family Court of Australia (Division 2), which dismissed the application in May 2025. He filed an appeal to the Federal Court that month, providing an email address for service in the notice of appeal.
The Court’s Holding
Justice Stewart dismissed the appeal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth) because the appellant did not appear when the appeal was called on for hearing.
The Court was satisfied that the appellant had proper and adequate notice through emails sent to his nominated address, including reminders shortly before the hearing. The appellant had taken no step to prosecute the appeal beyond filing the notice of appeal, supporting the conclusion that he did not intend to pursue it.
Key Takeaways
- An appeal may be dismissed when an appellant fails to appear at the hearing.
- Service and hearing notifications sent to the email address nominated in the notice of appeal were sufficient notice.
- The appellant was ordered to pay the Minister’s costs, with leave for lump-sum assessment by a Registrar.
Why It Matters
The decision illustrates the practical consequence of failing to attend and prosecute a migration appeal after receiving notice at a designated address for service. It also confirms the Court’s readiness to award costs where an appeal is dismissed for default of appearance.