Federal Court of Australia
DXR19 v Minister for Immigration and Citizenship [2026] FCA 1189
Appeal from: | DXR19 v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 706 |
File number: | NSD 870 of 2025 |
Judgment of: | STEWART J |
Date of judgment: | 20 August 2026 |
Catchwords: | MIGRATION – protection visa application – refused – decision affirmed by Administrative Appeals Tribunal – application for judicial review dismissed by Federal Circuit and Family Court of Australia (Div 2) – appeal therefrom – where appellant in default of appearance at appeal hearing – appeal dismissed |
Legislation: | Federal Court Rules 2011 (Cth) rr 2.16(1)(d), 36.75(1)(a)(i) |
Division: | General Division |
Registry: | New South Wales |
National Practice Area: | Administrative and Constitutional Law and Human Rights |
Number of paragraphs: | 7 |
Date of hearing: | 20 August 2026 |
Counsel for the Appellant: | The appellant did not appear |
Counsel for the First Respondent: | J Chen |
Counsel for the Second Respondent: | The second respondent filed a submitting notice, save as to costs |
Solicitor for the First and Second Respondents: | Australian Government Solicitor |
ORDERS
NSD 870 of 2025 | ||
| ||
BETWEEN: | DXR19 Appellant | |
AND: | MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent ADMINISTRATIVE REVIEW TRIBUNAL Second Respondent | |
order made by: | STEWART J |
DATE OF ORDER: | 20 AUGUST 2026 |
THE COURT ORDERS THAT:
1. The name of first respondent be amended to “Minister for Immigration and Citizenship”.
2. The appeal be dismissed with costs.
3. The first respondent have leave to apply to a Registrar for costs to be assessed on a lump sum basis.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
(delivered ex tempore)
STEWART J:
1 Before the Court today is an appeal from Division 2 of the Federal Circuit and Family Court of Australia in a migration matter. There is one appellant who has been given the pseudonym DXR19.
2 The appellant applied for a protection visa but his application was refused by a delegate of the Minister. His review to the Administrative Appeals Tribunal failed in September 2019 when the Tribunal affirmed the delegate’s decision. He then sought judicial review in Division 2. The application was dismissed in May 2025.
3 The appellant lodged a notice of appeal in this Court in May 2025. Included in that notice at the designated place is an email address given by the appellant as required by r 2.16(1)(d) of the Federal Court Rules 2011 (Cth). That is the address at which he agreed to accept service of documents and other communications for purposes of the appeal.
4 The appellant has failed to appear on the calling of the appeal. The Minister seeks an order that the appeal be dismissed pursuant to r 36.75(1)(a)(i). That rule provides that if an appellant is absent when an appeal is called on for hearing, then the opposing party may apply to the court for an order that the appeal be dismissed. The Minister also seeks an order for costs.
5 The communications to the appellant at his designated email address in the conduct of the appeal satisfies me that he has had proper and adequate notice of the hearing today. In that regard he has been sent email notifications and reminders of the hearing today on 22 May, 14 August (twice) and 18 August 2026.
6 I note that the appellant has taken no steps in the prosecution of his appeal other than filing a notice of appeal. In the circumstances, it would appear that the appellant has no intention of pursuing the appeal. In any event, I am satisfied that he is in default of appearance after having received proper notice of the hearing.
7 For those reasons the appeal should be dismissed pursuant to r 36.75(1)(a)(i) and the appellant should pay the Minister’s costs of the proceeding. The Minister has indicated that he intends to apply for costs on a lump sum basis by filing the appropriate affidavit. I will refer that to be determined by a Registrar.
I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Stewart. |
Associate:
Dated: 20 August 2026
