Background
Three appellants, identified by pseudonyms, had applied for protection visas. A delegate of the Minister refused the applications, and the Administrative Appeals Tribunal affirmed those decisions in August 2019.
The appellants’ judicial-review application was dismissed by the Federal Circuit and Family Court of Australia (Division 2) in February 2025. They filed a Federal Court appeal in March 2025, but did not appear when the appeal was called for hearing on 7 August 2026.
The Court’s Holding
Stewart J dismissed the appeal under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth), which permits dismissal when an appellant is absent when an appeal is called on for hearing.
The Court was satisfied that the appellants had proper and adequate notice. Notices from the Court and the Minister’s solicitors were sent to the email address nominated in the notice of appeal, and an appellant had used that address in July 2026 to respond and provide signed consent orders. The Court also noted that, apart from filing the notice of appeal and consenting to a timetable adjustment, the appellants had taken no steps to prosecute the appeal.
Key Takeaways
- An appeal may be dismissed where appellants fail to attend the hearing after receiving adequate notice.
- A nominated email address can establish effective notice where it remains active and is used by an appellant during the proceeding.
- The appellants were ordered jointly and severally to pay the Minister’s costs.
Why It Matters
The decision illustrates the Federal Court’s readiness to apply its procedural rules to bring an appeal to an end when appellants do not appear and have not actively prosecuted it. In migration litigation, parties who file an appeal must monitor their nominated contact details and comply with hearing and procedural requirements.