A court has thrown out fraudster Peter Foster’s bid to overturn a three-year prison sentence as the conman remains in hiding.

Fugitive conman Peter Foster’s bid to overturn a prison sentence has been thrown out of court because the 51-year-old refuses to surrender to authorities.

Foster, who claims to be in Fiji, had appealed a three-year prison sentence imposed last year for breaching orders banning him from the weight loss industry.

When the serial fraudster didn’t show up to appeal proceedings in the Federal Court he was given until 4pm (AEST) Tuesday March 25 to surrender himself or the challenge would be dismissed.

The deadline passed with no sign of the Queensland-born con artist and the appeal has been thrown out.

Foster has already been jailed in Australia, Britain and the US, mostly for fraud.

His latest prison sentence was handed down last October as punishment for breaching a ban on working in the weight-loss business.

Foster was found in contempt of court for preparing promotional material for oral “weight loss” spray SensaSlim in a scheme that allegedly conned millions from investors.

When the convicted conman failed to appear in court for those proceedings a warrant was issued for his arrest and he has been on the run since.

International intelligence agency Interpol issued an alert for Foster’s arrest last month.