Eep18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

In the case of Eep18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the appellant, Eep18, sought an appeal against orders of the Federal Circuit Court of Australia, which had affirmed a decision of the Immigration Assessment Authority to uphold a decision of a delegate not to grant a protection visa. The central issue in this case was whether the Federal Circuit Court should dismiss the appeal due to the appellant's failure to communicate with the Court since April 2020, and their non-attendance at two subsequent case management hearings.

The Federal Circuit Court considered the implications of the appellant's non-communication and non-attendance at hearings. The Court had previously advised the appellant that it might consider an application for dismissal under rule 36.74 of the Federal Court Rules 2011 (Cth) if the appellant did not appear at a hearing relating to the appeal. Despite this notice, the appellant failed to appear at two case management hearings, prompting the Court to exercise its discretion to dismiss the appeal.

In light of the appellant's lack of communication and absence from the hearings, the Court dismissed the appeal with costs. The Court also ordered the first respondent to serve a copy of these orders on the appellant by email and physically, at the addresses recorded on the notice of appeal filed on 1 April 2020. The appellant was granted liberty to apply, within 14 days of these orders being served, to vary or set aside the order of dismissal if they could demonstrate good cause for their failure to communicate and attend the hearings.