Background
DFM17, DFN17, DFO17 and a fourth appellant appealed a Federal Circuit and Family Court of Australia (Division 2) decision that had dismissed their application for judicial review of an Administrative Appeals Tribunal decision. The appellants were unrepresented, were adults, and had each personally signed the notice of appeal.
Justice Wheelahan had made directions for the appeal, including for written submissions, which the appellants filed and served. The appeal was then listed for hearing on 15 September 2026. At least one appellant requested and received a further copy of the listing order in May 2026.
The Court’s Holding
When the appeal was called at about 10.17 am, none of the appellants appeared. The Minister applied orally under r 36.75 of the Federal Court Rules 2011 (Cth) to dismiss the appeal for non-appearance. The Court adjourned briefly until 10.30 am, but the appellants still did not appear.
The Court was satisfied that the appellants had notice of the hearing and, given their absence, considered dismissal appropriate. It dismissed the appeal under r 36.75(1)(a) and ordered the appellants to pay the Minister’s costs.
Key Takeaways
- An appeal may be dismissed when appellants fail to attend its listed hearing.
- The Court relied on evidence that the appellants had notice of the hearing date and time.
- The dismissal was procedural and did not determine the merits of the underlying migration judicial-review challenge.
Why It Matters
The decision illustrates the practical consequence of failing to appear in an appeal, including for self-represented parties who have otherwise taken steps to prepare the matter. Notice of the listing, coupled with continued non-attendance after a short adjournment, supported dismissal and a costs order.