Federal Court of Australia

AVH24 v Minister for Immigration and Citizenship [2026] FCA 1585

ORDERS

THE COURT ORDERS THAT:

1.    The first respondent’s name be amended to ‘Minister for Immigration and Citizenship’.

2.    The applicant’s application filed 24 March 2025 for an extension of time to file his notice of appeal be dismissed.

3.    The applicant pay the first respondent’s costs fixed in the amount of $2,800.

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

REASONS FOR JUDGMENT

BANKS-SMITH J:

1    The applicant seeks an extension of time to file a notice of appeal from the orders of the Federal Circuit and Family Court of Australia made 5 February 2025: AVH24 v Minister for Immigration and Multicultural Affairs [2025] FedCFamC2G 98. The application was filed 19 days late.

2    The primary judge dismissed an application for judicial review of a decision of the (then) Administrative Appeals Tribunal on the basis that no jurisdictional error arose on the part of the Tribunal.

3    The applicant is unrepresented.

4    There is no evidence that the applicant has left the country, and he was formally called at the hearing by a court officer. There was no appearance.

5    The applicant has not complied with the registrar’s programming orders relating to the provision of submissions.

6    On 29 May 2026 the applicant returned a signed Litigant in Person Practice Note (GPN-LIP) acknowledgement form. The Court has not received any correspondence from the applicant since that date.

7    On 11 June 2026 the Court informed the applicant of the hearing date by email to the same email address from which the applicant had sent the signed acknowledgement form.

8    The applicant was also informed of the hearing date by a letter from the Minister dated 23 September 2026, and that should he not appear, the Minister would seek an order that the application be dismissed with costs.

9    On 12 October 2026, the Court again informed the applicant of the hearing date by email, stated that in-person attendance at the hearing was expected, and inquired as to whether the applicant intended to file written submissions and whether the applicant required an interpreter for the hearing.

10    At the hearing, and in light of the applicant’s failure to appear, the Minister applied under r 36.75 of the Federal Court Rules 2011 (Cth) to dismiss the proceeding for failure to appear. Although I consider it appropriate that the application for an extension of time be dismissed, that rule does not provide the power for such dismissal, but rather provides for dismissal of an appeal: MZZOV v Minister for Immigration and Border Protection [2016] FCA 599 at [7] (Mortimer J).

11    The appropriate rule for dismissal of an application of extension for time to file a notice of appeal for failure to appear is r 36.74: MZZOV at [9]-[10]; CEQ16 v Minister for Immigration and Border Protection [2018] FCA 259 at [6].

12    It is appropriate to exercise the power to dismiss the application for the extension of time in this case because the applicant has not engaged with the proceeding after returning the signed acknowledgement form in May 2026; despite being informed by the Court and the Minister of the hearing date on numerous occasions, he did not attend the hearing; and he has not provided any communications or submissions that elucidate the grounds of his application or proposed appeal.

13    There will be orders accordingly.

Associate:

Dated:    22 October 2026