Federal Court of Australia

Pokrywka v Minister for Immigration and Citizenship [2026] FCA 498

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) the application for an extension of time to appeal be dismissed.

2.    The applicant do pay the first respondents costs, to be taxed if not agreed.

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

REASONS FOR JUDGMENT

COLVIN J:

1    Mr Stephen Pokrywka's visa was cancelled in 2019. In October 2020, a delegate of the Minister refused to exercise a statutory power to revoke the cancellation. The delegate's decision was affirmed by the Administrative Appeals Tribunal. More than two years after the Tribunal's decision, Mr Pokrywka applied for an extension of time to review the Tribunal's decision and for judicial review of the extension was granted. In October 2022, the extension of time was granted but the application for judicial review was dismissed: Pokrywka v Minister for Immigration, Citizenship and Multicultural Affairs [2022] FCA 1287 (Feutrill J).

2    In July 2024, Mr Pokrywka's application for an injunction to restrain his removal from Australia was dismissed. His substantive application before the Court at that time was an application for an extension of time in which to appeal. Although the application for an extension of time contemplated grounds which were review grounds rather than proper grounds of appeal, his application for injunctive relief brought with urgency was treated as an application that sought to raise proposed appeal grounds that had not been raised before Feutrill J. The application for injunctive relief was dismissed: Pokrywka v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 712 (Jackson J).

3    Lawyers acting for Mr Pokrykwa ceased to act later in July 2024. There was delay in the listing of the application for leave to appeal. In February 2026, the parties were informed that the application had been listed for hearing on 22 April 2026 at 11.15 am AWST. Notification of the listing was sent to the email address used by Mr Pokrykwa to communicate with the Court as to the conduct of the proceedings.

4    By orders made for the conduct of the application, Mr Pokrywka was required to file written submissions by 2 March 2026. He was reminded of this date by email from the Court dated 2 February 2026. Mr Pokrywka has not filed any submissions in support of his application.

5    On 19 April 2026, the Court received an email from Mr Pokrykwa which said: 'I do not wish to proceed with this matter'. The parties were asked to confer in relation to discontinuance. On 21 April 2026, Mr Pokrywka was sent a Webex link for the hearing the following day.

6    Mr Pokrywka did not join the hearing. Even though it was understood that Mr Pokrywka was outside of the jurisdiction, the matter was called three times in the precinct of the Courtroom. There was no appearance by Mr Pokrywka.

7    Counsel for the Minister sought an order dismissing the application pursuant to s 25(2B)(bb) of the Federal Court of Australia Act 1976 (Cth) with costs. The section confers power for a single judge exercising appellate jurisdiction to make an order for an appeal to the Court to be dismissed for failure of an appellant to attend a hearing relating to an appeal. The reference to an appeal in that provision includes a reference to an application for an extension of time to appeal: see s 25(2BA) and s 25(2)(b).

8    In the above circumstances, I was satisfied that it was appropriate to make the orders sought.

Associate:

Dated:    23 April 2026