SZTOH and Anor v Minister for Immigration And Border Protection and Ors

[2018] HCASL 108

SZTOH & ANOR

v

MINISTER FOR IMMIGRATION AND BORDER PROTECTION & ORS

[2018] HCASL 108
S52/2018

1. In the Federal Court of Australia, a father, mother and child filed a Notice of Appeal from the decision of the Federal Circuit Court of Australia (Judge Street).  No ground of appeal was identified in the Notice of Appeal and grounds of appeal were not filed.  The father, mother and child did not appear at the hearing of the appeal.  Flick J dismissed the appeal in the absence of any grounds of appeal being identified in the Notice of Appeal or otherwise and stated that there was, in any event, no self-evident error in the reasons of Judge Street so as to warrant extending an opportunity to permit a redrafted Notice of Appeal. 

2. The father has left Australia.  The application for special leave to appeal is brought by the mother and child.  There is no reason to doubt the correctness of the decision of Flick J to dismiss the applicants' appeal against Judge Street's decision.  The applicants' failure to attend before the Federal Court was and remains unexplained.  An appeal to this Court would enjoy no prospect of success. 

3. Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.

G.A.A. Nettle
9 May 2018 M.M. Gordon