Federal Court of Australia
DFM17 v Minister for Immigration and Citizenship [2026] FCA 1369
Appeal from: | DFM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 98 |
File number: | VID 145 of 2023 |
Judgment of: | WHEELAHAN J |
Date of judgment: | 15 September 2026 |
Catchwords: | PRACTICE AND PROCEDURE — application for dismissal under r 36.75 – where the appellants did not appear at the hearing of the appeal – appeal dismissed – no point of principle |
Legislation: | Federal Court Rules 2011 (Cth) r 36.75 |
Division: | General Division |
Registry: | Victoria |
National Practice Area: | Administrative and Constitutional Law and Human Rights |
Number of paragraphs: | 5 |
Date of hearing: | 15 September 2026 |
Counsel for the Appellants: | The appellants did not appear |
Solicitor for the First Respondent: | J Michelson of Australian Government Solicitor |
Counsel for the Second Respondent: | The second respondent filed a submitting notice |
ORDERS
VID 145 of 2023 | ||
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BETWEEN: | DFM17 First Appellant DFN17 Second Appellant DFO17 (and another named in the Schedule) Third Appellant | |
AND: | MINISTER FOR IMMIGRATION AND CITIZENSHIP First Respondent ADMINISTRATIVE REVIEW TRIBUNAL Second Respondent | |
order made by: | WHEELAHAN J |
DATE OF ORDER: | 15 September 2026 |
THE COURT ORDERS THAT:
1. Pursuant to r 36.75(1)(a) of the Federal Court Rules 2011 (Cth), the appeal be dismissed.
2. The appellants pay the first respondent’s costs of the appeal.
THE COURT NOTES THAT:
Pursuant to the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024 (Cth), Sch 16, item 10, the Administrative Review Tribunal was substituted for the Administrative Appeals Tribunal as a party to this proceeding with effect from 14 October 2024.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
Ex tempore, revised from transcript
WHEELAHAN J:
1 In this matter, the appellants appeal a decision of the Federal Circuit and Family Court of Australia (Division 2) given on 16 February 2023 by which their application for judicial review of a decision of the Administrative Appeals Tribunal was dismissed: DFM17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 98. The appellants are unrepresented. Each appellant is an adult, and each appellant has personally signed the notice of appeal.
2 On 28 January 2026, I made directions in Chambers for the preparation of this appeal, including directions for the filing and service of outlines of submissions, and in particular requiring that the appellants file and serve a written outline of submissions by 26 June 2026, which they did.
3 On 1 May 2026, I ordered that the appeal be listed for hearing today, 15 September 2026 at 10.15 am. On 13 May 2026, the appellants, or at least one of the appellants, emailed my Chambers asking for a further copy of the order that I made on 1 May 2026, which was then provided by return email that day.
4 The appeal was called upon today at approximately 10.17 am. Upon the appeal being called, there was no appearance on behalf of any of the appellants. Counsel appearing for the Minister then applied for an order under rule 36.75 of the Federal Court Rules 2011 (Cth) to dismiss the appeal on the ground of the absence of the appellants. At that point, I determined to receive the application as an oral application and to adjourn the hearing until 10.30 am. On resuming the hearing at 10.30 am, there was still no appearance on behalf of the appellants, and I then heard brief submissions on behalf of the Minister in support of the application for an order dismissing the appeal.
5 I am satisfied that the appellants have had notice of the order fixing the appeal for hearing today, 15 September 2026 at 10.15 am. None of the appellants was present when the appeal was called on for hearing. In the circumstances, I consider that it is appropriate to make an order that the appeal be dismissed.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Wheelahan. |
Associate:
Dated: 15 September 2026
SCHEDULE OF PARTIES
VID 145 of 2023 | |
Appellants | |
Fourth Appellant: | DFP17 |
