DRQ16 v Minister for Immigration and Citizenship [2025] FCA 1416

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

1. This is an appeal of a judgment of the then Federal Circuit Court of Australia delivered on 25 June 2021: DRQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCCA 1415. The appellant is a citizen of Bangladesh. The appellant arrived in Australia on 29 August 2014 on a Visitor (Class FA) visa. On 25 September 2014, the appellant applied for a protection visa. The primary judge dismissed the appellant's application for judicial review of a decision of the then Administrative Appeals Tribunal not to grant the appellant a Protection (Class XA) visa. On 12 July 2021, the appellant filed a Notice of Appeal which raises four grounds of appeal.
2. The appellant was not represented before the primary judge. No notice of address for service has been filed by a legal representative for the appellant. It appears the appellant has not engaged legal representation for this appeal. Communications from the Registry to the appellant have been directed to the personal email address disclosed on the Notice of Appeal filed by the appellant. The Notice of Appeal raises four grounds of appeal each of which is new in the sense of not having been raised before. The appellant would have required leave to raise these grounds had the appellant appeared to press the appeal. The grounds are framed in very general terms and there is no affidavit explaining why the grounds were not raised before the Court below.
3. The first respondent is described as the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, now known as the Minister for Immigration and Citizenship. The second respondent, the Tribunal, filed a submitting notice save as to costs.
4. At the hearing on 17 November 2025, the appeal was called outside the courtroom. A Bengali interpreter was engaged for the purpose of the hearing. The interpreter has kindly assisted the Court in translating the Court officer's call of the matter outside the Courtroom. There was no appearance by the appellant.
5. In these circumstances, the Minister applied for the appeal to be dismissed. The Court's power to dismiss proceedings in circumstances where the appellant does not attend the hearing derives from s 25(2B)(bb)(ii) of the Federal Court of Australia Act 1976 (Cth) and under r 36.75(1)(a)(i) of the Federal Court Rules 2011 (Cth).
6. I am satisfied that it is appropriate to make an order dismissing the appeal by reason of the appellant's failure to appear. I am satisfied that the appellant was on notice of the time, date and location of the hearing.
7. The appellant has not taken any positive step to comply with the Court's orders to ready the appeal for hearing and has not appeared today. The appellant has not sought to adduce any explanation for not appearing.
8. On 21 July 2021, the Registry provided to the parties a copy of directions made by a Registrar on 21 July 2021 for the filing of an appeal book, submissions and joint list of authorities as well as general information on preparation for hearing. The COVID-19 pandemic intervened resulting in a period in which in-person hearings were deferred and the present appeal is part of a backlog of cases that were impacted.
9. Since 21 July 2021, the Court has contacted the parties on at least two occasions in relation to this appeal. The appellant has not responded to these communications. On 8 January 2025, the Registry informed the parties that the appeal would be listed for hearing and sought to ascertain the parties' availability. The Registry requested a response by no later than 20 January 2025. Based on a review of the Court file, the appellant did not respond to this communication. On 29 September 2025, the Court notified the parties that the appeal was listed for hearing on 17 November 2025. The listing of the appeal for hearing triggered the countback timetable of preparatory steps for the hearing of the appeal set by the orders made on 21 July 2021.
10. In compliance with the Court's directions, on 20 October 2025, the Minister filed and served on the appellant by email an outline of submissions, appeal book and list of authorities. Tendered before me on the present application is a copy of the email of service dated 20 October 2025. In that email, the Minister's representatives expressly noted the time, date and location of the hearing and informed the appellant that the appellant should regularly check emails for further information, and finally noted that if the appellant did not appear at the hearing, the Minister may bring an application of the present type, that is for the appeal to be dismissed under the Rules in the event of non-appearance. The appellant has not filed any written submissions in support of the appeal as required under the timetable. There is no evidence to suggest that the appellant has corresponded or attempted to communicate with the Registry or the Minister's legal representatives.
11. Taking into account all of the above circumstances, I am satisfied that it is a proper exercise of discretion, consistent with s 37M of the Act and in the interests of justice for the appeal to be dismissed and that the appellant pay the Minister's costs as agreed or assessed. In making this order, I take into account the provision made in r 36.75(2) of the Rules which enables the appellant if so minded to make an application to set aside or vary the orders dismissing the appeal. I will make orders accordingly.

I certify that the preceding eleven (11) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Cheeseman.