Federal Court of Australia

Miglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 2) [2026] FCA 240

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) the application for extension of time and leave to appeal filed on 4 April 2024 be dismissed.

2.    The applicant is to pay the first respondent’s costs of the application agreed or taxed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth) the application for extension of time and leave to appeal filed on 9 April 2024 be dismissed.

2.    The applicant is to pay the first respondent’s costs of the application agreed or taxed.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(REVISED FROM TRANSCRIPT)

MARKOVIC J:

1    On 4 and 9 April 2024, the applicant, Sunny Miglani, filed applications for an extension of time and leave to appeal from orders made by the Federal Circuit and Family Court of Australia (Div 2) on 6 February 2024 and 28 March 2024 (Leave Applications). The Leave Applications are, in substance, identical.

2    The background to the Leave Applications is set out in Miglani v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 151 (Miglani (No 1)) at [2]-[4].

3    On 22 January 2026, Mr Miglani filed interlocutory applications seeking an adjournment of the hearing of the Leave Applications pending the determination of his appeal to a Full Court of this Court in VID1346 of 2024.

4    On 25 February, those applications were dismissed: see Miglani (No 1). The Leave Applications, therefore, remained listed for hearing today, 9 March 2026, at 2.15 pm AEDT.

5    Today, upon the Leave Applications being called on for hearing, there was no appearance by or on behalf of Mr Miglani. Mr Miglani is in immigration detention in Western Australia. The evidence establishes that a Microsoft Teams link to join the hearing was sent to Mr Miglani in February 2026 and again earlier today, 9 March 2026 at 12.11 pm AEDT. Despite that, Mr Miglani did not join the hearing via that link or attempt to join, nor did anyone appear in the courtroom on his behalf.

6    I am satisfied that Mr Miglani is aware of the hearing scheduled for today. That is apparent not only from the emails referred to in the preceding paragraph, but from numerous emails which have been exchanged between Mr Miglani and the Registry of the Court of which I have become aware, as well as an email sent as recently as 6 March 2026 at 3.00 pm AEDT by the solicitors for the first respondent, the Minister for Immigration, Citizenship and Multicultural Affairs. In that email, the Minister’s solicitors reminded Mr Miglani that the Leave Applications remained listed for final hearing today at 2.15 pm AEDT (being11.15 am AWDT) and also informed Mr Miglani that if he did not appear at the hearing they would ask the Court to dismiss the Leave Applications and make an order that “the Court … dismiss [his] applications and … that [he] pay the Minister's costs”.

7    In Mr Miglani’s absence today the Minister has, indeed, made an application for the Leave Applications to be dismissed. That application is made pursuant to r 35.33 of the Federal Court Rules 2011 (Cth). I am satisfied that, as Mr Miglani has had sufficient notice of the hearing and as he is not present today at the time the Leave Applications are listed for hearing, the orders sought should be made.

8    I will make orders dismissing the Leave Applications with costs.

Associate:

Dated:    11 March 2026