Federal Court of Australia

Miglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 4) [2026] FCA 1178

ORDERS

THE COURT ORDERS THAT:

1.    Pursuant to r 35.33(1)(a)(i) of the Federal Court Rules 2011 (Cth), the applicant’s interlocutory application filed on 24 April 2026 is dismissed.

2.    The applicant is to pay the Minister’s costs.

3.    Pursuant to r 40.02(b) of the Rules, the Minister’s costs are to be awarded in a lump sum.

4.    The question of quantification of the Minister’s costs in accordance with Order 3 above be referred to a Registrar.

5.    The name of the first respondent be amended to “Minister for Immigration and Citizenship”.

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 24 April 2026, the applicant, Mr Miglani, filed an application in each of the proceedings which are currently listed before me and which, save for references to the proceeding number, are identical. In those applications, Mr Miglani seeks a range of orders but, most relevantly, seeks an order that the Orders made by the Court on 9 March 2026 be set aside (Set Aside Applications). On 9 March 2026, I made orders dismissing the applications for an extension of time to seek 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 (Dismissal Orders).

2    I made the Dismissal Orders because on 9 March 2026, when the Leave Applications were listed for hearing before me, Mr Miglani failed to appear either in person or by a legal representative.

3    Mr Miglani’s applications to set aside the Dismissal Orders were listed for hearing today pursuant to Orders made on 12 May 2026. Mr Miglani has been aware of today’s hearing date from at least that time and for two reasons, I am satisfied that he is aware that the hearing was to proceed today: first, there has been a great deal of correspondence between the Court’s Registry and Mr Miglani about today’s hearing; and secondly, and more critically, the applications were listed today and when first called on for hearing, Mr Miglani was present, appearing by video link from the detention centre where he is currently residing in Western Australia.

4    At the commencement of the hearing, I informed the parties that it was necessary for me to first deal with a further interlocutory application filed by Mr Miglani on 13 August 2026, in which Mr Miglani sought that I disqualify or recuse myself from hearing the Set Aside Applications. I heard submissions from the parties in relation to that application and gave ex tempore reasons dismissing that application: see Miglani v Minister for Immigration, Citizenship and Multicultural Affairs (No 3) [2026] FCA 1177.

5    After I had addressed the recusal application, I invited the parties to identify their respective submissions and to read the evidence upon which they relied, in the case of Mr Miglani, in support of his Set Aside Applications and, in the case of the first respondent, the Minister, his evidence in response. In the course of doing so, Mr Miglani left the hearing.

6    I then adjourned the hearing for a short time to allow the legal representative for the Minister to attempt to contact Mr Miglani and to ascertain whether he would rejoin the hearing. Ms Prefontaine, who appears for the Minister today, has informed me that she attempted to contact Mr Miglani twice but with no success.

7    In light of the events recited above, it is clear to me that Mr Miglani does not intend to rejoin the hearing and to prosecute his Set Aside Applications. Given his absence, the Minister seeks an order pursuant to r 35.33(1)(a) of the Federal Court Rules 2011 (Cth) that I dismiss the Set Aside Applications and seeks an order for quantification of his costs of the Set Aside Applications in a lump sum. I am satisfied that those orders should be made.

Associate:

Dated:    19 August 2026